NRS 630.130 Enforcement
of chapter; establishment of standards; administration of examinations;
investigation of applicants and issuance of licenses; institution of court
proceedings; submission of reports; adoption of regulations.

NRS 630.133 Board
required to notify Division of Public and Behavioral Health of Department of
Health and Human Services upon identification of certain sentinel events.

NRS 630.195 Submission
of evidence of degree and certificate of graduate of foreign medical school.

NRS 630.197 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; duty of Board. [Effective until the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]

NRS 630.197 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license; duty of Board. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]

NRS 630.263 Restricted
license to practice medicine in certain medical specialties for which there are
critically unmet needs.

NRS 630.264 Restricted
license to practice medicine in medically underserved area of county.

NRS 630.2645 Restricted
license for graduate of foreign medical school to teach, research or practice
medicine at medical research facility or medical school; expiration, renewal
and modification of restricted license.

NRS 630.293 Physician
prohibited from retaliating or discriminating against certain persons for
reporting or participating in investigation or proceeding relating to sentinel
event or conduct of physician or other persons or refusing to engage in
unlawful conduct; restriction of right prohibited.

NRS 630.298 Jurisdiction
of Board over licensee unaffected by expiration or voluntary surrender of
license.

NRS 630.299 Authority
of Board or investigative committee to issue letter of warning, letter of
concern or nonpunitive admonishment.

Grounds for Initiating Disciplinary Action or Denying
Licensure

NRS 630.301 Criminal
offenses; disciplinary action taken by other jurisdiction; surrender of
previous license while under investigation; malpractice; engaging in sexual
activity with patient; disruptive behavior; violating or exploiting trust of
patient for financial or personal gain; failure to offer appropriate care with
intent to positively influence financial well-being; engaging in disreputable
conduct; engaging in sexual contact with surrogate of patient or relatives of
patient.

NRS 630.355 Acts
constituting contempt; stay of related disciplinary proceedings; transfer of
jurisdiction to district court; penalties; manner in which person may purge himself
or herself of contempt.

NRS 630.365 Authority
for nonprofit medical school or research institution to operate as corporation,
operate clinic in conjunction with school or research facility and retain
portion of money generated by clinic.

NRS 630.366 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until 2 years after the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]

NRS 630.405 Penalty
for failure to make records concerning health care available for inspection or
copying. [Repealed.]

NRS 630.411 Unauthorized
use of insignia, license or documents prohibited.

_________

GENERAL PROVISIONS

NRS 630.003Legislative declaration.

1. The Legislature finds and declares
that:

(a) It is among the responsibilities of State
Government to ensure, as far as possible, that only competent persons practice
medicine, perfusion and respiratory care within this State;

(b) For the protection and benefit of the public,
the Legislature delegates to the Board of Medical Examiners the power and duty
to determine the initial and continuing competence of physicians,
perfusionists, physician assistants and practitioners of respiratory care who
are subject to the provisions of this chapter;

(c) The Board must exercise its regulatory power
to ensure that the interests of the medical profession do not outweigh the
interests of the public;

(d) The Board must ensure that unfit physicians,
perfusionists, physician assistants and practitioners of respiratory care are
removed from the medical profession so that they will not cause harm to the
public; and

(e) The Board must encourage and allow for public
input into its regulatory activities to further improve the quality of medical
practice within this State.

2. The powers conferred upon the Board by
this chapter must be liberally construed to carry out these purposes for the
protection and benefit of the public.

NRS 630.005Definitions.As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 630.007 to 630.026, inclusive, have the meanings ascribed to them
in those sections.

NRS 630.0122“Healing art” defined.“Healing
art” means any system, treatment, operation, diagnosis, prescription or
practice for the ascertainment, cure, relief, palliation, adjustment or
correction of any human disease, ailment, deformity, injury, or unhealthy or
abnormal physical or mental condition for the practice of which long periods of
specialized education and training and a degree of specialized knowledge of an
intellectual as well as physical nature are required.

1. “Perfusion” means the performance of
functions which are necessary to provide for the support, treatment,
measurement or supplementation of a patient’s cardiovascular, circulatory or
respiratory system or other organs, or any combination of those activities, and
to ensure the safe management of the patient’s physiological functions by
monitoring and analyzing the parameters of the patient’s systems or organs
under the order and supervision of a physician.

2. The term includes, without limitation:

(a) The use of extracorporeal circulation and any
associated therapeutic and diagnostic technologies; and

(b) The use of long-term cardiopulmonary support
techniques.

3. As used in this section,
“extracorporeal circulation” means the diversion of a patient’s blood through a
heart-lung bypass machine or a similar device that assumes the functions of the
patient’s heart, lungs, kidney, liver or other organs.

NRS 630.015“Physician assistant” defined.“Physician
assistant” means a person who is a graduate of an academic program approved by
the Board or who, by general education, practical training and experience
determined to be satisfactory by the Board, is qualified to perform medical
services under the supervision of a supervising physician and who has been
issued a license by the Board.

1. To diagnose, treat, correct, prevent or
prescribe for any human disease, ailment, injury, infirmity, deformity or other
condition, physical or mental, by any means or instrumentality, including, but
not limited to, the performance of an autopsy.

2. To apply principles or techniques of
medical science in the diagnosis or the prevention of any such conditions.

3. To perform any of the acts described in
subsections 1 and 2 by using equipment that transfers information concerning
the medical condition of the patient electronically, telephonically or by fiber
optics from within or outside this State or the United States.

4. To offer, undertake, attempt to do or
hold oneself out as able to do any of the acts described in subsections 1 and
2.

5. Cardiopulmonary resuscitation and
maintenance of natural airways and the insertion and maintenance of artificial
airways;

6. Carrying out the written orders of a
physician, physician assistant, certified registered nurse anesthetist or an
advanced practice registered nurse relating to respiratory care;

7. Techniques for testing to assist in
diagnosis, monitoring, treatment and research related to respiratory care,
including the measurement of ventilatory volumes, pressures and flows,
collection of blood and other specimens, testing of pulmonary functions and
hemodynamic and other related physiological monitoring of the cardiopulmonary
system; and

NRS 630.024“Respiratory care” defined.“Respiratory
care” means the treatment, management, diagnostic testing, control and care of
persons with deficiencies and abnormalities associated with the cardiopulmonary
system. The term includes inhalation and respiratory therapy.

1. The purpose of licensing physicians,
perfusionists, physician assistants and practitioners of respiratory care is to
protect the public health and safety and the general welfare of the people of
this State.

2. Any license issued pursuant to this
chapter is a revocable privilege.

(a) A medical officer or perfusionist or
practitioner of respiratory care of the Armed Forces or a medical officer or
perfusionist or practitioner of respiratory care of any division or department
of the United States in the discharge of his or her official duties, including,
without limitation, providing medical care in a hospital in accordance with an
agreement entered into pursuant to NRS
449.2455;

(b) Physicians who are called into this State,
other than on a regular basis, for consultation with or assistance to a
physician licensed in this State, and who are legally qualified to practice in
the state where they reside;

(c) Physicians who are legally qualified to
practice in the state where they reside and come into this State on an
irregular basis to:

(1) Obtain medical training approved by
the Board from a physician who is licensed in this State; or

(2) Provide medical instruction or
training approved by the Board to physicians licensed in this State;

(d) Any person permitted to practice any other
healing art under this title who does so within the scope of that authority, or
healing by faith or Christian Science;

(e) The practice of respiratory care by a student
as part of a program of study in respiratory care that is approved by the
Board, or is recognized by a national organization which is approved by the
Board to review such programs, if the student is enrolled in the program and
provides respiratory care only under the supervision of a practitioner of
respiratory care;

(f) The practice of respiratory care by a student
who:

(1) Is enrolled in a clinical program of
study in respiratory care which has been approved by the Board;

(2) Is employed by a medical facility, as
defined in NRS 449.0151; and

(3) Provides respiratory care to patients
who are not in a critical medical condition or, in an emergency, to patients
who are in a critical medical condition and a practitioner of respiratory care
is not immediately available to provide that care and the student is directed
by a physician to provide respiratory care under the supervision of the
physician until a practitioner of respiratory care is available;

(g) The practice of respiratory care by a person on
himself or herself or gratuitous respiratory care provided to a friend or a
member of a person’s family if the provider of the care does not represent
himself or herself as a practitioner of respiratory care;

(h) A person who is employed by a physician and
provides respiratory care or services as a perfusionist under the supervision
of that physician;

(i) The maintenance of medical equipment for
perfusion or respiratory care that is not attached to a patient; and

(j) A person who installs medical equipment for
respiratory care that is used in the home and gives instructions regarding the
use of that equipment if the person is trained to provide such services and is
supervised by a provider of health care who is acting within the authorized
scope of his or her practice.

2. This chapter does not repeal or affect
any statute of Nevada regulating or affecting any other healing art.

3. This chapter does not prohibit:

(a) Gratuitous services outside of a medical
school or medical facility by a person who is not a physician, perfusionist,
physician assistant or practitioner of respiratory care in cases of emergency.

NRS 630.049Place at which act constituting practice of medicine deemed to
occur.For the purposes of this
chapter, any act that constitutes the practice of medicine shall be deemed to
occur at the place where the patient is located at the time the act is
performed.

1. Six members of the Board must be
persons who are licensed to practice medicine in this State, are actually
engaged in the practice of medicine in this State and have resided and
practiced medicine in this State for at least 5 years preceding their
respective appointments.

2. One member of the Board must be a
person who has resided in this State for at least 5 years and who represents
the interests of persons or agencies that regularly provide health care to
patients who are indigent, uninsured or unable to afford health care. This
member must not be licensed under the provisions of this chapter.

3. The remaining two members of the Board
must be persons who have resided in this State for at least 5 years and who:

(a) Are not licensed in any state to practice any
healing art;

(b) Are not the spouse or the parent or child, by
blood, marriage or adoption, of a person licensed in any state to practice any
healing art;

(c) Are not actively engaged in the
administration of any facility for the dependent as defined in chapter 449 of NRS, medical facility or medical
school; and

(d) Do not have a pecuniary interest in any
matter pertaining to the healing arts, except as a patient or potential
patient.

4. The members of the Board must be
selected without regard to their individual political beliefs.

1. After the initial terms, the term of
office of each member of the Board is 4 years. If a person is appointed to fill
the unexpired term of a member which is more than 2 years, the person shall be
deemed to have served a full term.

2. A member of the Board may be removed by
the Governor for good cause, and the Governor shall appoint a person qualified
under this chapter to replace the member for the remainder of the unexpired
term.

NRS 630.075Appointment of physician or member of public to serve as
advisory member of Board.The
Board may, by majority vote, select physicians and members of the public, who
must meet the same qualifications as required for members of the Board, to
serve as advisory members of the Board. One or more advisory members may be
designated by the Board to assist a committee of its members in an
investigation as provided in NRS 630.311 but may
not vote on any matter before the committee. Advisory members may also serve as
members of the panel selected to hear charges as provided in NRS 630.339 and may vote on any recommendation made by
the panel to the Board.

1. Each member of the Board shall comply
with the provisions of NRS 281A.500.

2. Each member of the Board shall provide
a copy of the acknowledgment filed pursuant to NRS 281A.500 to the Executive Director
of the Board, and the Executive Director shall retain an acknowledgment
provided pursuant to this section for 6 years after the date on which the
acknowledgment was provided to the Executive Director.

1. The Board shall meet at least twice
annually and may meet at other times on the call of the President or a majority
of its members.

2. Meetings of the Board must be held at a
location at which members of the general public may testify via telephone or
video conference between Las Vegas and Carson City or Reno.

3. A majority of the Board or of any
committee or panel appointed by the Board constitutes a quorum. If there is a
quorum, a vote of the majority of the members present is all that is necessary
to transact any business before the Board or the committee or panel appointed
by the Board.

1. The Board may employ hearing officers,
experts, administrators, attorneys, investigators, consultants and clerical
personnel necessary to the discharge of its duties.

2. Each employee of the Board is an
at-will employee who serves at the pleasure of the Board. The Board may
discharge an employee of the Board for any reason that does not violate public
policy, including, without limitation, making a false representation to the
Board.

3. A hearing officer employed by the Board
shall not act in any other capacity for the Board or occupy any other position
of employment with the Board, and the Board shall not assign the hearing officer
any duties which are unrelated to the duties of a hearing officer.

4. If a person resigns his or her position
as a hearing officer or the Board terminates the person from his or her
position as a hearing officer, the Board may not rehire the person in any
position of employment with the Board for a period of 2 years following the
date of the resignation or termination. The provisions of this subsection do
not give a person any right to be rehired by the Board and do not permit the
Board to rehire a person who is prohibited from being employed by the Board
pursuant to any other provision of law.

NRS 630.110Compensation of members and employees; disposition of money
received by Board.

1. Out of the money coming into the
possession of the Board, each member and advisory member of the Board is
entitled to receive:

(a) A salary of not more than $150 per day, as
fixed by the Board, while engaged in the business of the Board; and

(b) A per diem allowance and travel expenses at a
rate fixed by the Board, while engaged in the business of the Board. The rate
must not exceed the rate provided for state officers and employees generally.

2. While engaged in the business of the
Board, each employee of the Board is entitled to receive a per diem allowance
and travel expenses at a rate fixed by the Board. The rate must not exceed the
rate provided for state officers and employees generally.

3. Expenses of the Board and the expenses
and salaries of its members and employees must be paid from the fees received
by the Board pursuant to the provisions of this chapter, and no part of the
salaries or expenses of the Board may be paid out of the State General Fund or
from the penalties imposed by the Board pursuant to this chapter.

4. All money received by the Board from:

(a) Fees must be deposited in financial
institutions in this State that are federally insured or insured by a private
insurer pursuant to NRS 678.755,
invested in treasury bills or notes of the United States, deposited in
institutions in this State whose business is the making of investments, or
invested as authorized by NRS 355.140.

(b) Penalties must be deposited with the State
Treasurer for credit to the State General Fund.

2. All licenses issued to physicians,
perfusionists, physician assistants and practitioners of respiratory care must
bear the seal of the Board and the signatures of its President and
Secretary-Treasurer.

1. In addition to any other audits
required of the Board by law, the Legislative Commission shall issue to the
Federation of State Medical Boards of the United States, Inc., a request for
proposal to conduct regular performance audits of the Board. After considering
the response to the request for proposal, if the Legislative Commission finds
that the Federation of State Medical Boards of the United States, Inc., has the
ability to conduct fair and impartial performance audits of the Board, the
Legislative Commission shall engage the services of the Federation of State
Medical Boards of the United States, Inc., to conduct regular performance
audits of the Board. If the Legislative Commission finds that the Federation of
State Medical Boards of the United States, Inc., does not have the ability to
conduct fair and impartial performance audits of the Board or is otherwise
unable to conduct such performance audits, the Legislative Commission shall
direct the Audit Division of the Legislative Counsel Bureau to conduct regular
performance audits of the Board.

2. The initial performance audit of the
Board must be commenced before October 1, 2003. After the initial performance
audit is completed, additional performance audits must be conducted:

(a) Once every 8 years, for the preceding 8-year
period; or

(b) Whenever ordered by the Legislative
Commission, for the period since the last performance audit was conducted
pursuant to this section.

3. A written report of the results of the
initial performance audit must be submitted to the Secretary of the Legislative
Commission not later than 60 days after the date that the initial performance
audit is commenced. A written report of the results of each subsequent
performance audit must be submitted to the Secretary of the Legislative
Commission as soon as practicable after the date that the performance audit is
commenced.

4. Upon receipt of the written report of
the results of each performance audit, the Secretary of the Legislative
Commission shall:

(a) Distribute the report to the members of the
Legislative Commission and to any other Legislator who requests a copy of the
report; and

(b) Not later than 30 days after receipt of the
report, make the report available to the public.

5. The Board shall pay all costs related
to each performance audit conducted pursuant to this section.

6. Any person who conducts a performance
audit pursuant to this section:

(a) Is directly responsible to the Legislative
Commission;

(b) Must be sufficiently qualified to conduct the
performance audit; and

(c) Must never have conducted an audit of the
Board pursuant to NRS 218G.400 or
have been affiliated, in any way, with a person who has conducted an audit of
the Board pursuant to NRS 218G.400.

7. Each performance audit conducted
pursuant to this section must include, without limitation, a comprehensive
review and evaluation of:

(a) The methodology and efficiency of the Board
in responding to complaints filed by the public against a licensee;

(b) The methodology and efficiency of the Board
in responding to complaints filed by a licensee against another licensee;

(c) The methodology and efficiency of the Board
in conducting investigations of licensees who have had two or more malpractice
claims filed against them within a period of 12 months;

(d) The methodology and efficiency of the Board
in conducting investigations of licensees who have been subject to one or more
peer review actions at a medical facility that resulted in the licensee losing
professional privileges at the medical facility for more than 30 days within a
period of 12 months;

(e) The methodology and efficiency of the Board
in taking preventative steps or progressive actions to remedy or deter any
unprofessional conduct by a licensee before such conduct results in a violation
under this chapter that warrants disciplinary action; and

(f) The managerial and administrative efficiency
of the Board in using the fees that it collects pursuant to this chapter.

NRS 630.130Enforcement of chapter; establishment of standards;
administration of examinations; investigation of applicants and issuance of
licenses; institution of court proceedings; submission of reports; adoption of
regulations.

1. In addition to the other powers and
duties provided in this chapter, the Board shall, in the interest of the
public, judiciously:

(a) Enforce the provisions of this chapter;

(b) Establish by regulation standards for
licensure under this chapter;

(c) Conduct examinations for licensure and
establish a system of scoring for those examinations;

(d) Investigate the character of each applicant
for a license and issue licenses to those applicants who meet the
qualifications set by this chapter and the Board; and

(e) Institute a proceeding in any court to
enforce its orders or the provisions of this chapter.

2. On or before February 15 of each
odd-numbered year, the Board shall submit to the Governor and to the Director
of the Legislative Counsel Bureau for transmittal to the next regular session
of the Legislature a written report compiling:

(a) Disciplinary action taken by the Board during
the previous biennium against physicians for malpractice or negligence;

(c) Information reported to the Board during the
previous biennium pursuant to NRS 630.30665,
including, without limitation, the number and types of surgeries performed by
each holder of a license to practice medicine and the occurrence of sentinel
events arising from such surgeries, if any.

Ê The report
must include only aggregate information for statistical purposes and exclude
any identifying information related to a particular person.

3. The Board may adopt such regulations as
are necessary or desirable to enable it to carry out the provisions of this
chapter.

NRS 630.133Board required to notify Division of Public and Behavioral
Health of Department of Health and Human Services upon identification of certain
sentinel events.

1. The Board shall immediately notify the
Division of Public and Behavioral Health of the Department of Health and Human
Services if the Board identifies a sentinel event which is required to be
reported by a medical facility pursuant to NRS
439.835.

2. Except as otherwise provided in NRS 239.0115, any information provided to
the Division of Public and Behavioral Health pursuant to this section relating
to the identification of a sentinel event is confidential, not subject to
subpoena or discovery and not subject to inspection by the general public.

1. Notwithstanding any other provision of
law and except as otherwise provided in this section, the Board shall not adopt
any regulations that prohibit or have the effect of prohibiting a physician,
perfusionist, physician assistant or practitioner of respiratory care from
collaborating or consulting with another provider of health care.

2. The provisions of this section do not
prevent the Board from adopting regulations that prohibit a physician,
perfusionist, physician assistant or practitioner of respiratory care from
aiding or abetting another person in the unlicensed practice of medicine or the
unlicensed practice of perfusion or respiratory care.

3. As used in this section, “provider of
health care” has the meaning ascribed to it in NRS 629.031.

1. May adopt regulations governing the
supervision of a medical assistant, including, without limitation, regulations
which prescribe limitations on the possession and administration of a dangerous
drug by a medical assistant.

2. Shall adopt regulations governing the
possession and administration of botulinum toxin, commonly known as Botox, by a
medical assistant or any other person, including, without limitation:

1. The Board may hold hearings and conduct
investigations pertaining to its duties imposed under this chapter and take
evidence on any such matter under inquiry before the Board. For the purposes of
this chapter:

(a) Any member of the Board or other person
authorized by law may administer oaths; and

(b) The Secretary-Treasurer or President of the
Board or a hearing officer or the presiding member of a committee investigating
a complaint, but not the Executive Director acting on his or her own behalf,
may issue subpoenas to compel the attendance of witnesses and the production of
books, X rays, medical records and any other item within the scope of Rule 45 of the Nevada Rules of
Civil Procedure. The Secretary-Treasurer, President or other officer of the
Board acting on its behalf or the Executive Director must sign the subpoena.

2. If any person fails to comply with the
subpoena, the Secretary-Treasurer, Executive Director or President of the Board
may petition the district court for an order of the court compelling compliance
with the subpoena.

3. Upon such a petition, the court shall
enter an order directing the person subpoenaed to appear before the court at a
time and place to be fixed by the court in its order, the time to be not more
than 10 days after the date of the order, and then and there show cause why the
person has not complied with the subpoena. A certified copy of the order must
be served upon the person subpoenaed.

4. If it appears to the court that the
subpoena was regularly issued by the Board, the court shall enter an order
compelling compliance with the subpoena, and upon failure to obey the order the
person shall be dealt with as for contempt of court.

NRS 630.144Website: General requirements and restrictions concerning
posting of information.

1. The Board shall maintain a website on
the Internet or its successor.

2. Except as otherwise provided in this
section, the Board and its members and employees shall not place any
information on the website maintained by the Board unless the Board, at a
regular meeting, approves the placement of the information on the website.

3. The Board shall place on the website,
without having to approve the placement at a meeting:

(a) Each application form for the issuance or
renewal of a license issued by the Board pursuant to this chapter.

(b) A list of questions that are frequently asked
concerning the processes of the Board and the answers to those questions.

(c) An alphabetical list, by last name, of each
physician and a brief description of each disciplinary action, if any, taken
against the physician, in this State and elsewhere, which relates to the
practice of medicine and which is noted in the records of the Board. The Board
shall include, as part of the list on the website, the name of each physician
whose license has been revoked by the Board. The Board shall make the list on
the website easily accessible and user friendly for the public.

(d) All financial reports received by the Board.

(e) All financial reports prepared by the Board.

(f) Any other information required to be placed
on the website by any other provision of law.

NRS 630.146Website: Additional requirements concerning posting of
information relating to pharmaceutical manufacturers.The
Board shall post on a website or other Internet site that is operated or
administered by or on behalf of the Board:

1. A general description of the basic
elements of the Compliance Program Guidance for Pharmaceutical Manufacturers
that is published by the Office of Inspector General of the United States
Department of Health and Human Services, or links to websites or other Internet
sites that are operated or administered by or on behalf of the Office of
Inspector General where such information may be obtained;

2. A general description of the process
for reporting unlawful or unethical conduct by pharmaceutical manufacturers to
the Office of Inspector General, or links to websites or other Internet sites
that are operated or administered by or on behalf of the Office of Inspector
General where such information may be obtained; and

(a) Is a citizen of the United States or is
lawfully entitled to remain and work in the United States;

(b) Has received the degree of doctor of medicine
from a medical school:

(1) Approved by the Liaison Committee on
Medical Education of the American Medical Association and Association of
American Medical Colleges; or

(2) Which provides a course of
professional instruction equivalent to that provided in medical schools in the
United States approved by the Liaison Committee on Medical Education;

(c) Is currently certified by a specialty board
of the American Board of Medical Specialties and who agrees to maintain the
certification for the duration of the licensure, or has passed:

(1) All parts of the examination given by
the National Board of Medical Examiners;

(2) All parts of the Federation Licensing
Examination;

(3) All parts of the United States Medical
Licensing Examination;

(4) All parts of a licensing examination
given by any state or territory of the United States, if the applicant is
certified by a specialty board of the American Board of Medical Specialties;

(5) All parts of the examination to become
a licentiate of the Medical Council of Canada; or

(6) Any combination of the examinations
specified in subparagraphs (1), (2) and (3) that the Board determines to be
sufficient;

(d) Is currently certified by a specialty board
of the American Board of Medical Specialties in the specialty of emergency
medicine, preventive medicine or family practice and who agrees to maintain
certification in at least one of these specialties for the duration of the
licensure, or:

(1) Has completed 36 months of progressive
postgraduate:

(I) Education as a resident in the
United States or Canada in a program approved by the Board, the Accreditation
Council for Graduate Medical Education or the Coordinating Council of Medical
Education of the Canadian Medical Association; or

(II) Fellowship training in the
United States or Canada approved by the Board or the Accreditation Council for
Graduate Medical Education;

(2) Has completed at least 36 months of
postgraduate education, not less than 24 months of which must have been
completed as a resident after receiving a medical degree from a combined dental
and medical degree program approved by the Board; or

(3) Is a resident who is enrolled in a
progressive postgraduate training program in the United States or Canada
approved by the Board, the Accreditation Council for Graduate Medical Education
or the Coordinating Council of Medical Education of the Canadian Medical
Association, has completed at least 24 months of the program and has committed,
in writing, to the Board that he or she will complete the program; and

(e) Passes a written or oral examination, or
both, as to his or her qualifications to practice medicine and provides the
Board with a description of the clinical program completed demonstrating that
the applicant’s clinical training met the requirements of paragraph (b).

3. The Board may issue a license to
practice medicine after the Board verifies, through any readily available
source, that the applicant has complied with the provisions of subsection 2.
The verification may include, but is not limited to, using the Federation
Credentials Verification Service. If any information is verified by a source
other than the primary source of the information, the Board may require
subsequent verification of the information by the primary source of the
information.

4. Notwithstanding any provision of this
chapter to the contrary, if, after issuing a license to practice medicine, the
Board obtains information from a primary or other source of information and
that information differs from the information provided by the applicant or
otherwise received by the Board, the Board may:

(a) Temporarily suspend the license;

(b) Promptly review the differing information
with the Board as a whole or in a committee appointed by the Board;

(c) Declare the license void if the Board or a
committee appointed by the Board determines that the information submitted by
the applicant was false, fraudulent or intended to deceive the Board;

(d) Refer the applicant to the Attorney General
for possible criminal prosecution pursuant to NRS
630.400; or

(e) If the Board temporarily suspends the
license, allow the license to return to active status subject to any terms and
conditions specified by the Board, including:

(1) Placing the licensee on probation for
a specified period with specified conditions;

(2) Administering a public reprimand;

(3) Limiting the practice of the licensee;

(4) Suspending the license for a specified
period or until further order of the Board;

(5) Requiring the licensee to participate
in a program to correct alcohol or drug dependence or any other impairment;

(6) Requiring supervision of the practice
of the licensee;

(7) Imposing an administrative fine not to
exceed $5,000;

(8) Requiring the licensee to perform
community service without compensation;

(9) Requiring the licensee to take a
physical or mental examination or an examination testing his or her competence
to practice medicine;

(10) Requiring the licensee to complete
any training or educational requirements specified by the Board; and

(11) Requiring the licensee to submit a
corrected application, including the payment of all appropriate fees and costs
incident to submitting an application.

5. If the Board determines after reviewing
the differing information to allow the license to remain in active status, the
action of the Board is not a disciplinary action and must not be reported to
any national database. If the Board determines after reviewing the differing
information to declare the license void, its action shall be deemed a
disciplinary action and shall be reportable to national databases.

NRS 630.1605Requirements for license by endorsement to practice medicine.

1. Except as otherwise provided in NRS 630.161, the Board may issue a license by
endorsement to practice medicine to an applicant who has been issued a license
to practice medicine by the District of Columbia or any state or territory of
the United States if:

(a) At the time the applicant files an
application with the Board, the license is in effect;

(b) The applicant:

(1) Submits to the Board proof of passage
of an examination approved by the Board;

(2) Submits to the Board any documentation
and other proof of qualifications required by the Board;

(3) Meets all of the statutory
requirements for licensure to practice medicine in effect at the time of
application except for the requirements set forth in NRS
630.160; and

(4) Completes any additional requirements
relating to the fitness of the applicant to practice required by the Board; and

(c) Any documentation and other proof of
qualifications required by the Board is authenticated in a manner approved by
the Board.

2. A license by endorsement to practice
medicine may be issued at a meeting of the Board or between its meetings by the
President and Executive Director of the Board. Such an action shall be deemed
to be an action of the Board.

NRS 630.161Effect of revocation of license in another jurisdiction for
gross medical negligence.

1. The Board shall not issue a license to
practice medicine to an applicant who has been licensed to practice any type of
medicine in another jurisdiction and whose license was revoked for gross
medical negligence by that jurisdiction.

2. The Board may revoke the license of any
person licensed to practice medicine in this State if it determines that the
person had a license to practice any type of medicine in another jurisdiction
which was revoked for gross medical negligence by that jurisdiction.

3. For the purposes of this section, the
Board shall adopt by regulation a definition of gross medical negligence.

1. Except as otherwise provided in
subsection 2, an applicant for a license to practice medicine must submit to
the Board, on a form provided by the Board, an application in writing,
accompanied by an affidavit stating that:

(a) The applicant is the person named in the
proof of graduation and that it was obtained without fraud or misrepresentation
or any mistake of which the applicant is aware; and

(b) The information contained in the application
and any accompanying material is complete and correct.

2. An applicant for a license by
endorsement to practice medicine pursuant to NRS
630.1605 must submit to the Board, on a form provided by the Board, an
application in writing, accompanied by an affidavit stating that:

(a) The applicant is the person named in the
license to practice medicine issued by the District of Columbia or any state or
territory of the United States and that the license was obtained without fraud
or misrepresentation or any mistake of which the applicant is aware; and

(b) The information contained in the application
and any accompanying material is complete and correct.

3. An application submitted pursuant to
subsection 1 or 2 must include all information required to complete the
application.

4. In addition to the other requirements
for licensure, the Board may require such further evidence of the mental,
physical, medical or other qualifications of the applicant as it considers
necessary.

5. The applicant bears the burden of
proving and documenting his or her qualifications for licensure.

NRS 630.167Submission of fingerprints.In
addition to any other requirements set forth in this chapter, each applicant
for a license to practice medicine, to practice as a perfusionist, to practice
as a physician assistant or to practice respiratory care shall submit to the
Board a complete set of fingerprints and written permission authorizing the
Board to forward the fingerprints to the Central Repository for Nevada Records
of Criminal History for submission to the Federal Bureau of Investigation for
its report. Any fees or costs charged by the Board for this service pursuant to
NRS 630.268 are not refundable.

NRS 630.170Submission of evidence of graduation from accredited medical
school.In addition to the other
requirements for licensure, an applicant for a license to practice medicine who
is a graduate of a medical school located in the United States or Canada shall
submit to the Board proof that the applicant has received the degree of doctor
of medicine from a medical school which, at the time of graduation, was
accredited by the Liaison Committee on Medical Education or the Committee for
the Accreditation of Canadian Medical Schools. The proof of the degree of
doctor of medicine must be submitted directly to the Board by the medical
school that granted the degree. If proof of the degree is unavailable from the
medical school, the Board may accept proof from any other source specified by
the Board.

NRS 630.171Submission of certificate and proof satisfactory of completion
of progressive postgraduate training.Except
as otherwise provided in NRS 630.263, in addition
to the other requirements for licensure, an applicant for a license to practice
medicine shall cause to be submitted to the Board, if applicable:

1. A certificate of completion of
progressive postgraduate training from the residency program where the
applicant received training; and

2. Proof of satisfactory completion of a
progressive postgraduate training program specified in subparagraph (3) of
paragraph (d) of subsection 2 of NRS 630.160 within
60 days after the scheduled completion of the program.

NRS 630.173Submission of certain information concerning claims for
malpractice, complaints and other disciplinary action involving applicant;
Board may refuse to consider certain information more than 10 years old.

1. In addition to the other requirements
for licensure, an applicant for a license to practice medicine shall submit to
the Board information describing:

(a) Any claims made against the applicant for
malpractice, whether or not a civil action was filed concerning the claim;

(b) Any complaints filed against the applicant
with a licensing board of another state and any disciplinary action taken
against the applicant by a licensing board of another state; and

(c) Any complaints filed against the applicant with
a hospital, clinic or medical facility or any disciplinary action taken against
the applicant by a hospital, clinic or medical facility.

2. The Board may consider any information
specified in subsection 1 that is more than 10 years old if the Board receives
the information from the applicant or any other source from which the Board is
verifying the information provided by the applicant.

3. The Board may refuse to consider any
information specified in subsection 1 that is more than 10 years old if the
Board determines that the claim or complaint is remote or isolated and that
obtaining or attempting to obtain a record relating to the information will
unreasonably delay the consideration of the application.

4. The Board shall not issue a license to
the applicant until it has received all the information required by this
section.

NRS 630.195Submission of evidence of degree and certificate of graduate of
foreign medical school.

1. In addition to the other requirements
for licensure, an applicant for a license to practice medicine who is a
graduate of a foreign medical school shall submit to the Board proof that the
applicant has received:

(a) The degree of doctor of medicine or its
equivalent, as determined by the Board; and

(b) The standard certificate of the Educational
Commission for Foreign Medical Graduates or a written statement from that
Commission that the applicant passed the examination given by the Commission.

2. The proof of the degree of doctor of
medicine or its equivalent must be submitted directly to the Board by the
medical school that granted the degree. If proof of the degree is unavailable
from the medical school that granted the degree, the Board may accept proof
from any other source specified by the Board.

NRS 630.197Payment of child support: Submission of certain information by
applicant; grounds for denial of license; duty of Board. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]

1. In addition to any other requirements
set forth in this chapter:

(a) An applicant for the issuance of a license to
practice medicine, to practice as a perfusionist, to practice as a physician
assistant or to practice as a practitioner of respiratory care shall include
the social security number of the applicant in the application submitted to the
Board.

(b) An applicant for the issuance or renewal of a
license to practice medicine, to practice as a perfusionist, to practice as a
physician assistant or to practice as a practitioner of respiratory care shall
submit to the Board the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.

2. The Board shall include the statement
required pursuant to subsection 1 in:

(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license to practice medicine, to
practice as a perfusionist, to practice as a physician assistant or to practice
as a practitioner of respiratory care may not be issued or renewed by the Board
if the applicant:

(a) Fails to submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.

4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.

NRS 630.197Payment of child support:
Submission of certain information by applicant; grounds for denial of license;
duty of Board. [Effective on the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings and expires by
limitation 2 years after that date.]

1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
license to practice medicine, to practice as a perfusionist, to practice as a
physician assistant or to practice as a practitioner of respiratory care shall
submit to the Board the statement prescribed by the Division of Welfare and
Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.

2. The Board shall include the statement
required pursuant to subsection 1 in:

(a) The application or any other forms that must
be submitted for the issuance or renewal of the license; or

(b) A separate form prescribed by the Board.

3. A license to practice medicine, to
practice as a perfusionist, to practice as a physician assistant or to practice
as a practitioner of respiratory care may not be issued or renewed by the Board
if the applicant:

(a) Fails to submit the statement required
pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.

4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.

(Added to NRS by 1997, 2119; A 1999, 520; 2001, 763; 2005, 2713, 2714, 2807, 2810; 2009, 2953,
2954,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)

1. The Board shall not issue or renew a
license to practice as a physician, physician assistant or perfusionist unless
the applicant for issuance or renewal of the license attests to knowledge of
and compliance with the guidelines of the Centers for Disease Control and
Prevention concerning the prevention of transmission of infectious agents
through safe and appropriate injection practices.

2. In addition to the attestation provided
pursuant to subsection 1, a physician shall attest that any person:

(a) Who is under the control and supervision of
the physician;

(b) Who is not licensed pursuant to this chapter;
and

(c) Whose duties involve injection practices,

Ê has
knowledge of and is in compliance with the guidelines of the Centers for
Disease Control and Prevention concerning the prevention of transmission of
infectious agents through safe and appropriate injection practices.

1. The Board may deny an application for a
license to practice medicine for any violation of the provisions of this
chapter or regulations of the Board.

2. The Board shall notify an applicant of
any deficiency which prevents any further action on the application or results
in the denial of the application. The applicant may respond in writing to the
Board concerning any deficiency and, if the applicant does so, the Board shall
respond in writing to the contentions of the applicant.

3. Any unsuccessful applicant may appeal
to the Board if the applicant files the appeal within 90 days after the date of
the rejection of the application by the Board. Upon appeal, the applicant has
the burden to show that the action of the Board is erroneous.

NRS 630.220Records of issuance or denial of licenses: Contents; inspection.The Board shall maintain records pertaining to
applicants to whom licenses or permits have been issued or denied. The records
must be open to the public and must include:

(b) Biennial registration of the holder of a
license to practice medicine,

Ê require each
holder to comply with the requirements for continuing education adopted by the
Board.

2. These requirements:

(a) May provide for the completion of one or more
courses of instruction relating to risk management in the performance of
medical services.

(b) Must provide for the completion of a course
of instruction, within 2 years after initial licensure, relating to the medical
consequences of an act of terrorism that involves the use of a weapon of mass
destruction. The course must provide at least 4 hours of instruction that
includes instruction in the following subjects:

(4) Syndromic surveillance and reporting
procedures for acts of terrorism that involve biological agents; and

(5) An overview of the information
available on, and the use of, the Health Alert Network.

Ê The Board
may thereafter determine whether to include in a program of continuing
education additional courses of instruction relating to the medical
consequences of an act of terrorism that involves the use of a weapon of mass
destruction.

3. The Board shall encourage each holder
of a license who treats or cares for persons who are more than 60 years of age
to receive, as a portion of their continuing education, education in geriatrics
and gerontology, including such topics as:

(a) The skills and knowledge that the licensee
needs to address aging issues;

(b) Approaches to providing health care to older
persons, including both didactic and clinical approaches;

(c) The biological, behavioral, social and
emotional aspects of the aging process; and

(d) The importance of maintenance of function and
independence for older persons.

4. The Board shall encourage each holder
of a license to practice medicine to receive, as a portion of his or her
continuing education, training concerning methods for educating patients about
how to effectively manage medications, including, without limitation, the
ability of the patient to request to have the symptom or purpose for which a
drug is prescribed included on the label attached to the container of the drug.

5. A holder of a license to practice
medicine may substitute not more than 2 hours of continuing education credits
in pain management or addiction care for the purposes of satisfying an
equivalent requirement for continuing education in ethics.

6. As used in this section:

(a) “Act of terrorism” has the meaning ascribed
to it in NRS 202.4415.

NRS 630.254Active licensees: Notice of change of mailing address; notice of
change of location or close of office located in State; location of records.

1. Each licensee shall maintain a
permanent mailing address with the Board to which all communications from the
Board to the licensee must be sent. A licensee who changes his or her permanent
mailing address shall notify the Board in writing of the new permanent mailing
address within 30 days after the change. If a licensee fails to notify the
Board in writing of a change in his or her permanent mailing address within 30
days after the change, the Board:

(a) Shall impose upon the licensee a fine not to
exceed $250; and

(b) May initiate disciplinary action against the
licensee as provided pursuant to subsection 10 of NRS
630.306.

2. Any licensee who changes the location
of his or her office in this State shall notify the Board in writing of the
change before practicing at the new location.

3. Any licensee who closes his or her
office in this State shall:

(a) Notify the Board in writing of this
occurrence within 14 days after the closure; and

(b) For a period of 5 years thereafter, unless a
longer period of retention is provided by federal law, keep the Board apprised
in writing of the location of the medical records of the licensee’s patients.

4. In addition to the requirements of
subsection 1, any licensee who performs any of the acts described in subsection
3 of NRS 630.020 from outside this State or the
United States shall maintain an electronic mail address with the Board to which
all communications from the Board to the licensee may be sent.

1. Any licensee who changes the location
of his or her practice of medicine from this State to another state or country,
has never engaged in the practice of medicine in this State after licensure or
has ceased to engage in the practice of medicine in this State for 12
consecutive months may be placed on inactive status by order of the Board.

2. Each inactive registrant shall maintain
a permanent mailing address with the Board to which all communications from the
Board to the registrant must be sent. An inactive registrant who changes his or
her permanent mailing address shall notify the Board in writing of the new
permanent mailing address within 30 days after the change. If an inactive
registrant fails to notify the Board in writing of a change in his or her
permanent mailing address within 30 days after the change, the Board shall
impose upon the registrant a fine not to exceed $250.

3. In addition to the requirements of
subsection 2, any licensee who changes the location of his or her practice of
medicine from this State to another state or country and any inactive
registrant shall maintain an electronic mail address with the Board to which
all communications from the Board to him or her may be sent.

4. Before resuming the practice of
medicine in this State, the inactive registrant must:

(a) Notify the Board in writing of his or her
intent to resume the practice of medicine in this State;

(b) File an affidavit with the Board describing
the activities of the registrant during the period of inactive status;

(c) Complete the form for registration for active
status;

(d) Pay the applicable fee for biennial
registration; and

(e) Satisfy the Board of his or her competence to
practice medicine.

5. If the Board determines that the
conduct or competence of the registrant during the period of inactive status
would have warranted denial of an application for a license to practice
medicine in this State, the Board may refuse to place the registrant on active
status.

NRS 630.257Reexamination of licensee who does not practice for certain
period.If a licensee does not
practice allopathic medicine for a period of more than 12 consecutive months,
the Board may require the licensee to take the same examination to test medical
competency as that given to applicants for a license.

(a) Wishes to donate his or her expertise for the
medical care and treatment of persons in this State who are indigent, uninsured
or unable to afford health care; or

(b) Wishes to provide services for any disaster
relief operations conducted by a governmental entity or nonprofit organization,

Ê may obtain a
special volunteer medical license by submitting an application to the Board
pursuant to this section.

2. An application for a special volunteer
medical license must be on a form provided by the Board and must include:

(a) Documentation of the history of medical
practice of the physician;

(b) Proof that the physician previously has been
issued an unrestricted license to practice medicine in any state of the United
States and that the physician has never been the subject of disciplinary action
by a medical board in any jurisdiction;

(c) Proof that the physician satisfies the
requirements for licensure set forth in NRS 630.160
or the requirements for licensure by endorsement set forth in NRS 630.1605;

(d) Acknowledgment that the practice of the
physician under the special volunteer medical license will be exclusively
devoted to providing medical care:

(1) To persons in this State who are
indigent, uninsured or unable to afford health care; or

(2) As part of any disaster relief
operations conducted by a governmental entity or nonprofit organization; and

(e) Acknowledgment that the physician will not
receive any payment or compensation, either direct or indirect, or have the
expectation of any payment or compensation, for providing medical care under
the special volunteer medical license, except for payment by a medical facility
at which the physician provides volunteer medical services of the expenses of
the physician for necessary travel, continuing education, malpractice insurance
or fees of the State Board of Pharmacy.

3. If the Board finds that the application
of a physician satisfies the requirements of subsection 2 and that the retired
physician is competent to practice medicine, the Board shall issue a special
volunteer medical license to the physician.

4. The initial special volunteer medical
license issued pursuant to this section expires 1 year after the date of
issuance. The license may be renewed pursuant to this section, and any license
that is renewed expires 2 years after the date of issuance.

5. The Board shall not charge a fee for:

(a) The review of an application for a special
volunteer medical license; or

(b) The issuance or renewal of a special
volunteer medical license pursuant to this section.

6. A physician who is issued a special
volunteer medical license pursuant to this section and who accepts the
privilege of practicing medicine in this State pursuant to the provisions of
the special volunteer medical license is subject to all the provisions
governing disciplinary action set forth in this chapter.

7. A physician who is issued a special
volunteer medical license pursuant to this section shall comply with the
requirements for continuing education adopted by the Board.

1. A person may apply to the Board to be
licensed as an administrative physician if the person meets all of the
statutory requirements for licensure in effect at the time of application except
the requirements of paragraph (d) of subsection 2 of NRS
630.160.

2. A person who is licensed as an
administrative physician pursuant to this section:

(a) May not engage in the practice of clinical
medicine;

(b) Shall comply with all of the statutory
requirements for continued licensure pursuant to this chapter; and

(c) Shall be deemed to hold a license to practice
medicine in an administrative capacity only.

(a) A locum tenens license, to be effective not
more than 3 months after issuance, to any physician who is licensed and in good
standing in another state, who meets the requirements for licensure in this
State and who is of good moral character and reputation. The purpose of this
license is to enable an eligible physician to serve as a substitute for another
physician who is licensed to practice medicine in this State and who is absent
from his or her practice for reasons deemed sufficient by the Board. A license
issued pursuant to the provisions of this paragraph is not renewable.

(b) A special license to a licensed physician of
another state to come into this State to care for or assist in the treatment of
his or her own patient in association with a physician licensed in this State.
A special license issued pursuant to the provisions of this paragraph is
limited to the care of a specific patient. The physician licensed in this State
has the primary responsibility for the care of that patient.

(c) A restricted license for a specified period
if the Board determines the applicant needs supervision or restriction.

(d) A temporary license for a specified period if
the physician is licensed and in good standing in another state and meets the
requirements for licensure in this State, and if the Board determines that it
is necessary in order to provide medical services for a community without
adequate medical care. A temporary license issued pursuant to the provisions of
this paragraph is not renewable.

(e) A special purpose license to a physician who
is licensed in another state to perform any of the acts described in
subsections 1 and 2 of NRS 630.020 by using
equipment that transfers information concerning the medical condition of a
patient in this State electronically, telephonically or by fiber optics from
within or outside this State or the United States. A physician who holds a
special purpose license issued pursuant to this paragraph:

(1) Except as otherwise provided by
specific statute or regulation, shall comply with the provisions of this
chapter and the regulations of the Board; and

(2) To the extent not inconsistent with
the Nevada Constitution or the United States Constitution, is subject to the
jurisdiction of the courts of this State.

2. For the purpose of paragraph (e) of
subsection 1, the physician must:

(a) Hold a full and unrestricted license to
practice medicine in another state;

(b) Not have had any disciplinary or other action
taken against him or her by any state or other jurisdiction; and

(c) Be certified by a specialty board of the
American Board of Medical Specialties or its successor.

3. Except as otherwise provided in this
section, the Board may renew or modify any license issued pursuant to
subsection 1.

NRS 630.2615Authorized facility license to practice medicine in institution
of Department of Corrections.

1. Except as otherwise provided in NRS 630.161, the Board may issue an authorized
facility license to a person who intends to practice medicine in this State as
a physician in an institution of the Department of Corrections under the direct
supervision of a physician who holds an unrestricted license to practice
medicine pursuant to this chapter or to practice osteopathic medicine pursuant
to chapter 633 of NRS.

2. A person who applies for an authorized
facility license pursuant to this section is not required to take or pass a
written examination as to his or her qualifications to practice medicine
pursuant to paragraph (e) of subsection 2 of NRS
630.160, but the person must meet all other conditions and requirements for
an unrestricted license to practice medicine pursuant to this chapter.

3. If the Board issues an authorized
facility license pursuant to this section, the person who holds the license may
practice medicine in this State only as a physician in an institution of the
Department of Corrections and only under the direct supervision of a physician
who holds an unrestricted license to practice medicine pursuant to this chapter
or to practice osteopathic medicine pursuant to chapter
633 of NRS.

4. If a person who holds an authorized
facility license issued pursuant to this section ceases to practice medicine in
this State as a physician in an institution of the Department of Corrections:

(a) The Department shall notify the Board; and

(b) Upon receipt of the notification, the
authorized facility license expires automatically.

5. The Board may renew or modify an
authorized facility license issued pursuant to this section, unless the license
has expired automatically or has been revoked.

6. The provisions of this section do not
limit the authority of the Board to issue a license to an applicant in
accordance with any other provision of this chapter.

1. Except as otherwise provided in NRS 630.161, the Board may issue an authorized
facility license to a person who intends to practice medicine in this State as
a psychiatrist in a mental health center of the Division under the direct
supervision of a psychiatrist who holds an unrestricted license to practice
medicine pursuant to this chapter or to practice osteopathic medicine pursuant
to chapter 633 of NRS.

2. A person who applies for an authorized
facility license pursuant to this section is not required to take or pass a
written examination as to his or her qualifications to practice medicine
pursuant to paragraph (e) of subsection 2 of NRS
630.160, but the person must meet all other conditions and requirements for
an unrestricted license to practice medicine pursuant to this chapter.

3. If the Board issues an authorized
facility license pursuant to this section, the person who holds the license may
practice medicine in this State only as a psychiatrist in a mental health
center of the Division and only under the direct supervision of a psychiatrist
who holds an unrestricted license to practice medicine pursuant to this chapter
or to practice osteopathic medicine pursuant to chapter
633 of NRS.

4. If a person who holds an authorized
facility license issued pursuant to this section ceases to practice medicine in
this State as a psychiatrist in a mental health center of the Division:

(a) The Division shall notify the Board; and

(b) Upon receipt of the notification, the
authorized facility license expires automatically.

5. The Board may renew or modify an
authorized facility license issued pursuant to this section, unless the license
has expired automatically or has been revoked.

6. The provisions of this section do not
limit the authority of the Board to issue a license to an applicant in
accordance with any other provision of this chapter.

7. As used in this section:

(a) “Division” means the Division of Public and
Behavioral Health of the Department of Health and Human Services.

(b) “Mental health center” has the meaning
ascribed to it in NRS 433.144.

NRS 630.263Restricted license to practice medicine in certain medical
specialties for which there are critically unmet needs.

1. If the Governor determines that there
are critically unmet needs with regard to the number of physicians who are
practicing a medical specialty within this State, the Governor may declare that
a state of critical medical need exists for that medical specialty. The
Governor may, but is not required to, limit such a declaration to one or more
geographic areas within this State.

2. In determining whether there are
critically unmet needs with regard to the number of physicians who are
practicing a medical specialty, the Governor may consider, without limitation:

(a) Any statistical data analyzing the number of
physicians who are practicing the medical specialty in relation to the total
population of this State or any geographic area within this State;

(b) The demand within this State or any
geographic area within this State for the types of services provided by the
medical specialty; and

(c) Any other factors relating to the medical
specialty that may adversely affect the delivery of health care within this
State or any geographic area within this State.

3. If the Governor makes a declaration
pursuant to this section, the Board may waive the requirements of paragraph (d)
of subsection 2 of NRS 630.160 for an applicant if
the applicant:

(a) Intends to practice medicine in one or more
of the medical specialties designated by the Governor in the declaration and,
if the Governor has limited the declaration to one or more geographic areas
within this State, in one or more of those geographic areas;

(b) Has completed at least 1 year of training as
a resident in the United States or Canada in a program approved by the Board,
the Accreditation Council for Graduate Medical Education or the Coordinating
Council of Medical Education of the Canadian Medical Association, respectively;

(c) Has a minimum of 5 years of practical medical
experience as a licensed allopathic physician or such other equivalent training
as the Board deems appropriate; and

(d) Meets all other conditions and requirements
for a license to practice medicine.

4. Any license issued pursuant to this
section is a restricted license, and the person who holds the restricted
license may practice medicine in this State only in the medical specialties and
geographic areas for which the restricted license is issued.

5. Any person who holds a restricted
license issued pursuant to this section and who completes 3 years of full-time
practice under the restricted license may apply to the Board for an
unrestricted license. In considering an application for an unrestricted license
pursuant to this subsection, the Board shall require the applicant to meet all
statutory requirements for licensure in effect at the time of application
except the requirements of paragraph (d) of subsection 2 of NRS 630.160.

NRS 630.264Restricted license to practice medicine in medically underserved
area of county.

1. A board of county commissioners may
petition the Board of Medical Examiners to waive the requirements of paragraph
(d) of subsection 2 of NRS 630.160 for any
applicant intending to practice medicine in a medically underserved area of
that county as that term is defined by regulation by the Board of Medical
Examiners. The Board of Medical Examiners may waive that requirement and issue
a license if the applicant:

(a) Has completed at least 1 year of training as
a resident in the United States or Canada in a program approved by the Board,
the Accreditation Council for Graduate Medical Education or the Coordinating
Council of Medical Education of the Canadian Medical Association, respectively;

(b) Has a minimum of 5 years of practical medical
experience as a licensed allopathic physician or such other equivalent training
as the Board deems appropriate; and

(c) Meets all other conditions and requirements
for a license to practice medicine.

2. Any person licensed pursuant to
subsection 1 must be issued a license to practice medicine in this State
restricted to practice in the medically underserved area of the county which
petitioned for the waiver only. A person may apply to the Board of Medical Examiners
for renewal of that restricted license every 2 years after being licensed.

3. Any person holding a restricted license
pursuant to subsection 1 who completes 3 years of full-time practice under the
restricted license may apply to the Board for an unrestricted license. In
considering an application for an unrestricted license pursuant to this
subsection, the Board shall require the applicant to meet all statutory
requirements for licensure in effect at the time of application except the
requirements of paragraph (d) of subsection 2 of NRS
630.160.

NRS 630.2645Restricted license for graduate of foreign medical school to
teach, research or practice medicine at medical research facility or medical
school; expiration, renewal and modification of restricted license.

1. Except as otherwise provided in NRS 630.161, the Board may issue a restricted license
to teach, research or practice medicine to a person if:

(a) The person:

(1) Submits to the Board:

(I) Proof that the person is a
graduate of a foreign medical school, as provided in NRS
630.195;

(II) Proof that the person teaches,
researches or practices medicine outside the United States; and

(III) Any other documentation or
proof of qualifications required by the Board; and

(2) Intends to teach, research or practice
medicine at a medical facility, medical research facility or medical school in
this State.

(b) Any other documentation or proof of
qualifications required by the Board is authenticated in a manner approved by
the Board.

2. A person who applies for a restricted
license pursuant to this section is not required to take or pass a written
examination concerning his or her qualifications to practice medicine.

3. A person who holds a restricted license
issued pursuant to this section may practice medicine in this State only in
accordance with the terms and restrictions established by the Board.

4. If a person who holds a restricted
license issued pursuant to this section ceases to teach, research or practice
medicine in this State at the medical facility, medical research facility or
medical school where the person is employed:

(a) The medical facility, medical research
facility or medical school, as applicable, shall notify the Board; and

(b) Upon receipt of such notification, the
restricted license expires automatically.

5. The Board may renew or modify a
restricted license issued pursuant to this section, unless the restricted
license has expired automatically or has been revoked.

6. The provisions of this section do not
limit the authority of the Board to issue a restricted license to an applicant
in accordance with any other provision of this chapter.

7. A restricted license to teach, research
or practice medicine may be issued, renewed or modified at a meeting of the
Board or between its meetings by the President and the Executive Director of
the Board. Such an action shall be deemed to be an action of the Board.

1. Except as otherwise provided in NRS 630.161, the Board may issue to a qualified
applicant a limited license to practice medicine as a resident physician in a
graduate program approved by the Accreditation Council for Graduate Medical
Education if the applicant is:

(a) A graduate of an accredited medical school in
the United States or Canada; or

(b) A graduate of a foreign medical school and
has received the standard certificate of the Educational Commission for Foreign
Medical Graduates or a written statement from that Commission that the
applicant passed the examination given by it.

2. The medical school or other institution
sponsoring the program shall provide the Board with written confirmation that
the applicant has been appointed to a position in the program and is a citizen
of the United States or lawfully entitled to remain and work in the United
States. A limited license remains valid only while the licensee is actively practicing
medicine in the residency program and is legally entitled to work and remain in
the United States.

3. The Board may issue a limited license
for not more than 1 year but may renew the license if the applicant for the
limited license meets the requirements set forth by the Board by regulation.

4. The holder of a limited license may
practice medicine only in connection with his or her duties as a resident
physician or under such conditions as are approved by the director of the
program.

5. The holder of a limited license granted
pursuant to this section may be disciplined by the Board at any time for any of
the grounds provided in NRS 630.161 or 630.301 to 630.3065,
inclusive.

1. Except as otherwise provided in NRS 630.161, the Board may issue a special event license
to a licensed physician of another state to conduct demonstrations of medical
techniques and procedures at a special event in this State.

2. A licensed physician of another state
who applies for a special event license pursuant to this section:

(a) Must be in good standing in that state; and

(b) Is not required to take or pass a written
examination concerning his or her qualifications to practice medicine but must
satisfy the requirements for a special event license set forth in regulations
adopted by the Board pursuant to subsection 5.

3. A physician who holds a special event
license issued pursuant to this section may perform medical techniques and
procedures pursuant to the license for demonstration purposes only.

4. A special event license issued pursuant
to the provisions of this section is valid for a short period, as determined by
the Board, and is not renewable.

5. The Board shall adopt regulations to
carry out the provisions of this section.

6. For the purposes of this section,
“special event” means a scheduled activity or event at which a physician
appears as a clinician for teaching or demonstrating certain methods of
technical procedures if:

(a) The persons attending the scheduled activity
or event are:

(1) Members of a medical society or other
medical organization;

(2) Persons who are attending a medical
convention;

(3) Students or faculty members of a
medical school; or

(4) Licensed physicians; and

(b) The scheduled activity or event is being held
before any combination of the persons described in paragraph (a) and is being
held at:

(1) A meeting or other gathering of a
medical society or other medical organization;

NRS 630.267Biennial registration: Submission of list and fee; expiration
and reinstatement of license; notice to licensee.

1. Each holder of a license to practice
medicine must, on or before July 1, or if July 1 is a Saturday, Sunday or legal
holiday, on the next business day after July 1, of each odd-numbered year:

(a) Submit a list of all actions filed or claims
submitted to arbitration or mediation for malpractice or negligence against him
or her during the previous 2 years.

(b) Pay to the Secretary-Treasurer of the Board
the applicable fee for biennial registration. This fee must be collected for
the period for which a physician is licensed.

(c) Submit all information required to complete
the biennial registration.

2. When a holder of a license fails to pay
the fee for biennial registration and submit all information required to complete
the biennial registration after they become due, his or her license to practice
medicine in this State expires. The holder may, within 2 years after the date
the license expires, upon payment of twice the amount of the current fee for
biennial registration to the Secretary-Treasurer and submission of all
information required to complete the biennial registration and after he or she
is found to be in good standing and qualified under the provisions of this
chapter, be reinstated to practice.

3. The Board shall make such reasonable
attempts as are practicable to notify a licensee:

(a) At least once that the fee for biennial
registration and all information required to complete the biennial registration
are due; and

(b) That his or her license has expired.

Ê A copy of
this notice must be sent to the Drug Enforcement Administration of the United
States Department of Justice or its successor agency.

NRS 630.268Fees; cost of special meeting to be paid by person requesting
meeting.

1. The Board shall charge and collect not
more than the following fees:

For application for
and issuance of a license to practice as a physician, including a license by
endorsement $600

For application for
and issuance of a temporary, locum tenens, limited, restricted, authorized
facility, special, special purpose or special event license.................................................................................... 400

For renewal of a
limited, restricted, authorized facility or special license..... 400

For application for
and issuance of a license as a physician assistant......... 400

For biennial
registration of a physician assistant.............................................. 800

For biennial
registration of a physician............................................................... 800

For application for
and issuance of a license as a perfusionist or practitioner of respiratory care 400

For biennial renewal
of a license as a perfusionist............................................ 600

For biennial
registration of a practitioner of respiratory care......................... 600

For biennial
registration for a physician who is on inactive status................ 400

For written
verification of licensure....................................................................... 50

For a duplicate
identification card......................................................................... 25

For a duplicate
license.............................................................................................. 50

For computer
printouts or labels.......................................................................... 500

For verification of a
listing of physicians, per hour............................................. 20

For furnishing a list
of new physicians................................................................ 100

2. In addition to the fees prescribed in
subsection 1, the Board shall charge and collect necessary and reasonable fees
for the expedited processing of a request or for any other incidental service
the Board provides.

3. The cost of any special meeting called
at the request of a licensee, an institution, an organization, a state agency
or an applicant for licensure must be paid for by the person or entity
requesting the special meeting. Such a special meeting must not be called until
the person or entity requesting it has paid a cash deposit with the Board
sufficient to defray all expenses of the meeting.

1. The criteria for licensure as a
perfusionist and the standards of professional conduct for holders of such a
license;

2. The qualifications and fitness of
applicants for licenses, renewal of licenses and reciprocal licenses;

3. The requirements for any practical,
oral or written examination for a license that the Board may require pursuant
to NRS 630.2692, including, without limitation,
the passing grade for such an examination;

4. The fees for examination and for
reinstatement of expired licenses;

5. The requirements for continuing
education for the renewal of a license;

6. A code of ethics for perfusionists; and

7. The procedures for the revocation,
suspension or denial of a license for a violation of this chapter or the
regulations of the Board.

NRS 630.2691Requirements for licensing.To
be eligible for licensing by the Board as a perfusionist, an applicant must:

1. Be a natural person of good moral
character;

2. Submit a completed application as
required by the Board by the date established by the Board;

3. Submit any required fees by the date
established by the Board;

4. Have successfully completed a perfusion
education program approved by the Board, which must:

(a) Have been approved by the Committee on Allied
Health Education and Accreditation of the American Medical Association before
June 1, 1994; or

(b) Be a program that has educational standards
that are at least as stringent as those established by the Accreditation
Committee-Perfusion Education and approved by the Commission on Accreditation
of Allied Health Education Programs of the American Medical Association, or its
successor;

1. The Board shall use the certification
examinations given by the American Board of Cardiovascular Perfusion or its
successor in determining the qualifications for granting a license to practice
perfusion.

2. The Board shall notify each applicant
of the results of the examination.

3. If a person who fails the examination
makes a written request, the Board shall furnish the person with an analysis of
his or her performance on the examination.

NRS 630.2694Issuance and display of license; notification of Board upon
change of address.

1. The Board shall issue a license as a
perfusionist to each applicant who proves to the satisfaction of the Board that
the applicant is qualified for licensure. The license authorizes the applicant
to represent himself or herself as a licensed perfusionist and to practice
perfusion in this State subject to the conditions and limitations of this
chapter.

2. Each licensed perfusionist shall:

(a) Display his or her current license in a
location which is accessible to the public;

(b) Keep a copy of his or her current license on
file at any health care facility where he or she provides services; and

(c) Notify the Board of any change of address in
accordance with NRS 630.254.

3. As used in this section, “health care
facility” means a medical facility or facility for the dependent licensed
pursuant to chapter 449 of NRS.

1. Each license issued pursuant to NRS 630.2694 expires on July 1, or if July 1 is a
Saturday, Sunday or legal holiday, on the next business day after July 1, of
every odd-numbered year and may be renewed if, before the license expires, the
holder of the license submits to the Board:

(a) A completed application for renewal on a form
prescribed by the Board;

(b) Proof of completion of the requirements for
continuing education prescribed by regulations adopted by the Board pursuant to
NRS 630.269; and

(c) The applicable fee for renewal of the license
prescribed by the Board pursuant to NRS 630.2691.

2. A license that expires pursuant to this
section not more than 2 years before an application for renewal is made may be
reinstated only if the applicant:

(a) Complies with the provisions of subsection 1;
and

(b) Submits to the Board the fees:

(1) For the reinstatement of an expired
license, prescribed by regulations adopted by the Board pursuant to NRS 630.269; and

(2) For each biennium that the license was
expired, for the renewal of the license.

3. If a license has been expired for more than
2 years, a person may not renew or reinstate the license but must apply for a
new license and submit to the examination required pursuant to NRS 630.2692.

4. The Board shall send a notice of
renewal to each licensee not later than 60 days before his or her license
expires. The notice must include the amount of the fee for renewal of the
license.

1. The Board may issue a temporary license
to practice perfusion in this State to a person who has not yet completed the
examination required pursuant to NRS 630.2692 but
who:

(a) Has completed an approved perfusion education
program;

(b) Files an application; and

(c) Pays the required fee.

2. A perfusionist shall supervise and
direct a temporarily licensed perfusionist at all times during which the
temporarily licensed perfusionist performs perfusion.

3. A temporary license is valid for 1 year
after the date it is issued and may be extended subject to regulation by the
Board. The application for renewal must be signed by a supervising licensed perfusionist.

4. If a temporarily licensed perfusionist
fails any portion of the examination required pursuant to NRS 630.2692, he or she shall immediately surrender
the temporary license to the Board.

1. A physician assistant may perform such
medical services as the physician assistant is authorized to perform by his or
her supervising physician.

2. The Board and supervising physician
shall limit the authority of a physician assistant to prescribe controlled
substances to those schedules of controlled substances that the supervising
physician is authorized to prescribe pursuant to state and federal law.

NRS 630.273Issuance and conditions of license.The
Board may issue a license to an applicant who is qualified under the
regulations of the Board to perform medical services under the supervision of a
supervising physician. The application for a license as a physician assistant
must include all information required to complete the application.

5. The medical services which a physician
assistant may perform, except that a physician assistant may not perform those
specific functions and duties delegated or restricted by law to persons
licensed as dentists, chiropractors, podiatric physicians and optometrists
under chapters 631, 634, 635 and 636, respectively, of NRS, or as hearing aid
specialists.

8. The supervision of medical services of
a physician assistant by a supervising physician, including, without
limitation, supervision that is performed electronically, telephonically or by
fiber optics from within or outside this State or the United States.

9. A physician assistant’s use of
equipment that transfers information concerning the medical condition of a
patient in this State electronically, telephonically or by fiber optics from
within or outside this State or the United States.

NRS 630.276Licensed physician required to supervise respiratory care.The practice of respiratory care must be
performed under the direction of or pursuant to a prescription from a physician
licensed to practice in this State, any other state, any territory of the
United States or the District of Columbia.

1. Every person who wishes to practice
respiratory care in this State must:

(a) Have:

(1) A high school diploma; or

(2) A general equivalency diploma or an
equivalent document;

(b) Complete an educational program for
respiratory care which has been approved by the Commission on Accreditation of
Allied Health Education Programs or its successor organization or the Committee
on Accreditation for Respiratory Care or its successor organization;

(c) Pass the examination as an entry-level or
advanced practitioner of respiratory care administered by the National Board
for Respiratory Care or its successor organization;

(d) Be certified by the National Board for
Respiratory Care or its successor organization; and

(e) Be licensed to practice respiratory care by
the Board and have paid the required fee for licensure.

2. Except as otherwise provided in
subsection 3, a person shall not:

(a) Practice respiratory care; or

(b) Hold himself or herself out as qualified to
practice respiratory care,

Ê in this
State without complying with the provisions of subsection 1.

3. Any person who has completed the
educational requirements set forth in paragraphs (a) and (b) of subsection 1
may practice respiratory care pursuant to a program of practical training as an
intern in respiratory care for not more than 12 months after completing those
educational requirements.

5. The types of medical services that a
practitioner of respiratory care may perform, except that a practitioner of
respiratory care may not perform those specific functions and duties delegated
or otherwise restricted by specific statute to persons licensed as dentists,
chiropractors, podiatric physicians, optometrists, physicians, osteopathic
physicians or hearing aid specialists pursuant to this chapter or chapter 631, 633,
634, 635, 636 or 637A
of NRS, as appropriate;

6. The duration, renewal and termination
of licenses; and

7. The grounds and procedures for
disciplinary actions against practitioners of respiratory care.

NRS 630.293Physician prohibited from retaliating or discriminating against
certain persons for reporting or participating in investigation or proceeding
relating to sentinel event or conduct of physician or other persons or refusing
to engage in unlawful conduct; restriction of right prohibited.

1. A physician or any agent or employee
thereof shall not retaliate or discriminate unfairly against:

(a) An employee of the physician or a person
acting on behalf of the employee who in good faith:

(1) Reports to the Board of Medical
Examiners information relating to the conduct of the physician which may
constitute grounds for initiating disciplinary action against the physician or
which otherwise raises a reasonable question regarding the competence of the
physician to practice medicine with reasonable skill and safety to patients; or

(2) Reports a sentinel event to the
Division of Public and Behavioral Health of the Department of Health and Human
Services pursuant to NRS 439.835;

(b) A registered nurse, licensed practical nurse,
nursing assistant or medication aide - certified who is employed by or
contracts to provide nursing services for the physician and who:

(1) In good faith, reports to the
physician, the Board of Medical Examiners, the State Board of Nursing, the
Legislature or any committee thereof or any other governmental entity:

(I) Any information concerning the
willful conduct of another registered nurse, licensed practical nurse, nursing
assistant or medication aide - certified which violates any provision of chapter 632 of NRS or which is required to be
reported to the State Board of Nursing;

(II) Any concerns regarding patients
who may be exposed to a substantial risk of harm as a result of the failure of
the physician or any agent or employee thereof to comply with minimum
professional or accreditation standards or applicable statutory or regulatory
requirements; or

(III) Any other concerns regarding
the physician, the agents and employees thereof or any situation that
reasonably could result in harm to patients; or

(2) Refuses to engage in conduct that
would violate the duty of the registered nurse, licensed practical nurse,
nursing assistant or medication aide - certified to protect patients from
actual or potential harm, including, without limitation, conduct which would
violate any provision of chapter 632 of NRS
or which would subject the registered nurse, licensed practical nurse, nursing
assistant or medication aide - certified to disciplinary action by the State
Board of Nursing; or

(c) An employee of the physician, a person acting
on behalf of the employee or a registered nurse, licensed practical nurse,
nursing assistant or medication aide - certified who is employed by or
contracts to provide nursing services for the physician and who cooperates or
otherwise participates in an investigation or proceeding conducted by the Board
of Medical Examiners or another governmental entity relating to conduct
described in paragraph (a) or (b).

2. A physician or any agent or employee
thereof shall not retaliate or discriminate unfairly against an employee of the
physician or a registered nurse, licensed practical nurse, nursing assistant or
medication aide - certificate who is employed by or contracts to provide
nursing services for the physician because the employee, registered nurse,
licensed practical nurse, nursing assistant or medication aide - certified has
taken an action described in subsection 1.

3. A physician or any agent or employee
thereof shall not prohibit, restrict or attempt to prohibit or restrict by
contract, policy, procedure or any other manner the right of an employee of the
physician or a registered nurse, licensed practical nurse, nursing assistant or
medication aide - certified who is employed by or contracts to provide nursing
services for the physician to take an action described in subsection 1.

4. As used in this section:

(a) “Good faith” means honesty in fact in the
reporting of the information or in the cooperation of the investigation
concerned.

(b) “Retaliate or discriminate”:

(1) Includes, without limitation, any of
the following actions if taken solely because the employee, registered nurse,
licensed practical nurse, nursing assistant or medication aide - certified took
an action described in subsection 1:

(I) Frequent or undesirable changes
in the location where the person works;

(II) Frequent or undesirable
transfers or reassignments;

(III) The issuance of letters of
reprimand, letters of admonition or evaluations of poor performance;

(IV) A demotion;

(V) A reduction in pay;

(VI) The denial of a promotion;

(VII) A suspension;

(VIII) A dismissal;

(IX) A transfer; or

(X) Frequent changes in working
hours or workdays.

(2) Does not include an action described
in sub-subparagraphs (I) to (X), inclusive, of subparagraph (1) if the action
is taken in the normal course of employment or as a form of discipline.

1. An employee of a physician or a
registered nurse, licensed practical nurse, nursing assistant or medication
aide - certified who is employed by or contracts to provide nursing services
for the physician and who believes that he or she has been retaliated or
discriminated against in violation of NRS 630.293
may file an action in a court of competent jurisdiction.

2. If a court determines that a violation
of NRS 630.293 has occurred, the court may award
such damages as it determines to have resulted from the violation, including,
without limitation:

(a) Compensatory damages;

(b) Reimbursement of any wages, salary,
employment benefits or other compensation denied to or lost by the employee,
registered nurse, licensed practical nurse, nursing assistant or medication
aide - certified as a result of the violation;

(c) Attorney’s fees and costs, including, without
limitation, fees for expert witnesses; and

(d) Punitive damages, if the facts warrant.

3. The court shall award interest on the
amount of damages at a rate determined pursuant to NRS 17.130.

5. If any action to retaliate or
discriminate is taken against an employee, registered nurse, licensed practical
nurse, nursing assistant or medication aide - certified within 60 days after
the employee, registered nurse, licensed practical nurse, nursing assistant or
medication aide - certified takes any action described in subsection 1 of NRS 630.293, there is a rebuttable presumption that
the action taken against the employee, registered nurse, licensed practical
nurse, nursing assistant or medication aide - certified constitutes retaliation
or discrimination in violation of NRS 630.293.

6. A physician or any agent or employee
thereof that violates the provisions of NRS 630.293
is subject to a civil penalty of not more than $10,000 for each violation. The
Attorney General or any district attorney of this State may recover the penalty
in a civil action brought in the name of the State of Nevada in any court of
competent jurisdiction.

7. Any action under this section must be
brought not later than 2 years after the date of the last event constituting
the alleged violation for which the action is brought.

8. As used in this section, “retaliate or
discriminate” has the meaning ascribed to it in NRS
630.293.

NRS 630.298Jurisdiction of Board over licensee unaffected by expiration or
voluntary surrender of license.The
expiration of a license by operation of law or by order or decision of the
Board or a court, or the voluntary surrender of a license by a licensee, does
not deprive the Board of jurisdiction to proceed with any investigation of, or
action or disciplinary proceeding against, the licensee or to render a decision
suspending or revoking the license.

NRS 630.299Authority of Board or investigative committee to issue letter of
warning, letter of concern or nonpunitive admonishment.

1. If the Board has reason to believe that
a person has violated or is violating any provision of this chapter, the Board
or any investigative committee of the Board may issue to the person a letter of
warning, a letter of concern or a nonpunitive admonishment at any time before
the Board has initiated any disciplinary proceedings against the person.

2. The issuance of such a letter or
admonishment:

(a) Does not preclude the Board from initiating
any disciplinary proceedings against the person or taking any disciplinary
action against the person based on any conduct alleged or described in the
letter or admonishment or any other conduct; and

(b) Does not constitute a final decision of the
Board and is not subject to judicial review.

NRS 630.301Criminal offenses; disciplinary action taken by other
jurisdiction; surrender of previous license while under investigation;
malpractice; engaging in sexual activity with patient; disruptive behavior;
violating or exploiting trust of patient for financial or personal gain;
failure to offer appropriate care with intent to positively influence financial
well-being; engaging in disreputable conduct; engaging in sexual contact with
surrogate of patient or relatives of patient.The
following acts, among others, constitute grounds for initiating disciplinary
action or denying licensure:

1. Conviction of a felony relating to the
practice of medicine or the ability to practice medicine. A plea of nolo
contendere is a conviction for the purposes of this subsection.

3. Any disciplinary action, including,
without limitation, the revocation, suspension, modification or limitation of a
license to practice any type of medicine, taken by another state, the Federal
Government, a foreign country or any other jurisdiction or the surrender of the
license or discontinuing the practice of medicine while under investigation by
any licensing authority, a medical facility, a branch of the Armed Services of
the United States, an insurance company, an agency of the Federal Government or
an employer.

4. Malpractice, which may be evidenced by
claims settled against a practitioner, but only if the malpractice is
established by a preponderance of the evidence.

5. The engaging by a practitioner in any
sexual activity with a patient who is currently being treated by the
practitioner.

6. Disruptive behavior with physicians,
hospital personnel, patients, members of the families of patients or any other
persons if the behavior interferes with patient care or has an adverse impact
on the quality of care rendered to a patient.

7. The engaging in conduct that violates
the trust of a patient and exploits the relationship between the physician and
the patient for financial or other personal gain.

8. The failure to offer appropriate
procedures or studies, to protest inappropriate denials by organizations for
managed care, to provide necessary services or to refer a patient to an
appropriate provider, when the failure occurs with the intent of positively
influencing the financial well-being of the practitioner or an insurer.

9. The engaging in conduct that brings the
medical profession into disrepute, including, without limitation, conduct that
violates any provision of a code of ethics adopted by the Board by regulation
based on a national code of ethics.

10. The engaging in sexual contact with
the surrogate of a patient or other key persons related to a patient,
including, without limitation, a spouse, parent or legal guardian, which
exploits the relationship between the physician and the patient in a sexual
manner.

11. Conviction of:

(a) Murder, voluntary manslaughter or mayhem;

(b) Any felony involving the use of a firearm or
other deadly weapon;

(c) Assault with intent to kill or to commit
sexual assault or mayhem;

1. Obtaining, maintaining or renewing or
attempting to obtain, maintain or renew a license to practice medicine by
bribery, fraud or misrepresentation or by any false, misleading, inaccurate or
incomplete statement.

2. Advertising the practice of medicine in
a false, deceptive or misleading manner.

3. Practicing or attempting to practice
medicine under another name.

4. Signing a blank prescription form.

5. Influencing a patient in order to
engage in sexual activity with the patient or with others.

6. Attempting directly or indirectly, by
way of intimidation, coercion or deception, to obtain or retain a patient or to
discourage the use of a second opinion.

7. Terminating the medical care of a
patient without adequate notice or without making other arrangements for the
continued care of the patient.

1. The following acts, among others,
constitute grounds for initiating disciplinary action or denying licensure:

(a) Directly or indirectly receiving from any
person, corporation or other business organization any fee, commission, rebate
or other form of compensation which is intended or tends to influence the
physician’s objective evaluation or treatment of a patient.

(b) Dividing a fee between licensees except where
the patient is informed of the division of fees and the division of fees is
made in proportion to the services personally performed and the responsibility
assumed by each licensee.

(c) Referring, in violation of NRS 439B.425, a patient to a health
facility, medical laboratory or commercial establishment in which the licensee
has a financial interest.

(d) Charging for visits to the physician’s office
which did not occur or for services which were not rendered or documented in
the records of the patient.

(e) Aiding, assisting, employing or advising,
directly or indirectly, any unlicensed person to engage in the practice of
medicine contrary to the provisions of this chapter or the regulations of the
Board.

(f) Delegating responsibility for the care of a
patient to a person if the licensee knows, or has reason to know, that the
person is not qualified to undertake that responsibility.

(g) Failing to disclose to a patient any
financial or other conflict of interest.

(h) Failing to initiate the performance of
community service within 1 year after the date the community service is
required to begin, if the community service was imposed as a requirement of the
licensee’s receiving loans or scholarships from the Federal Government or a
state or local government for the licensee’s medical education.

2. Nothing in this section prohibits a
physician from forming an association or other business relationship with an
optometrist pursuant to the provisions of NRS
636.373.

NRS 630.306Inability to practice medicine; deceptive conduct; violation of
regulation governing practice of medicine or adopted by State Board of
Pharmacy; unlawful distribution of controlled substance; injection of silicone;
practice beyond scope of license; practicing experimental medicine without
consent of patient or patient’s family; lack of skill or diligence; habitual
intoxication or dependency on controlled substances; filing of false report;
failure to report certain changes of information or disciplinary or criminal
action in another jurisdiction; failure to be found competent after
examination; certain operation of a medical facility; prohibited administration
of anesthesia or sedation; engaging in unsafe or unprofessional conduct;
knowingly procuring or administering certain controlled substances or dangerous
drugs; failure to supervise medical assistant adequately.The following acts, among others, constitute
grounds for initiating disciplinary action or denying licensure:

1. Inability to practice medicine with
reasonable skill and safety because of illness, a mental or physical condition
or the use of alcohol, drugs, narcotics or any other substance.

2. Engaging in any conduct:

(a) Which is intended to deceive;

(b) Which the Board has determined is a violation
of the standards of practice established by regulation of the Board; or

(c) Which is in violation of a regulation adopted
by the State Board of Pharmacy.

3. Administering, dispensing or
prescribing any controlled substance, or any dangerous drug as defined in chapter 454 of NRS, to or for himself or herself
or to others except as authorized by law.

4. Performing, assisting or advising the
injection of any substance containing liquid silicone into the human body,
except for the use of silicone oil to repair a retinal detachment.

5. Practicing or offering to practice
beyond the scope permitted by law or performing services which the licensee
knows or has reason to know that he or she is not competent to perform or which
are beyond the scope of his or her training.

6. Performing, without first obtaining the
informed consent of the patient or the patient’s family, any procedure or
prescribing any therapy which by the current standards of the practice of
medicine is experimental.

7. Continual failure to exercise the skill
or diligence or use the methods ordinarily exercised under the same
circumstances by physicians in good standing practicing in the same specialty
or field.

8. Habitual intoxication from alcohol or
dependency on controlled substances.

9. Making or filing a report which the
licensee or applicant knows to be false or failing to file a record or report
as required by law or regulation.

11. Failure by a licensee or applicant to
report in writing, within 30 days, any disciplinary action taken against the
licensee or applicant by another state, the Federal Government or a foreign
country, including, without limitation, the revocation, suspension or surrender
of a license to practice medicine in another jurisdiction.

12. Failure by a licensee or applicant to
report in writing, within 30 days, any criminal action taken or conviction
obtained against the licensee or applicant, other than a minor traffic
violation, in this State or any other state or by the Federal Government, a
branch of the Armed Forces of the United States or any local or federal
jurisdiction of a foreign country.

13. Failure to be found competent to
practice medicine as a result of an examination to determine medical competency
pursuant to NRS 630.318.

14. Operation of a medical facility at any
time during which:

(a) The license of the facility is suspended or
revoked; or

(b) An act or omission occurs which results in
the suspension or revocation of the license pursuant to NRS 449.160.

Ê This
subsection applies to an owner or other principal responsible for the operation
of the facility.

16. Engaging in any act that is unsafe or
unprofessional conduct in accordance with regulations adopted by the Board.

17. Knowingly procuring or administering a
controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the
United States Food and Drug Administration, unless the unapproved controlled
substance or dangerous drug:

(a) Was procured through a retail pharmacy
licensed pursuant to chapter 639 of NRS;

(b) Was procured through a Canadian pharmacy
which is licensed pursuant to chapter 639 of
NRS and which has been recommended by the State Board of Pharmacy pursuant to
subsection 4 of NRS 639.2328; or

(c) Is marijuana being used for medical purposes
in accordance with chapter 453A of NRS.

18. Failure to supervise adequately a
medical assistant pursuant to the regulations of the Board.

6. Failure to report any person the
licensee knows, or has reason to know, is in violation of the provisions of
this chapter or the regulations of the Board within 30 days after the date the
licensee knows or has reason to know of the violation.

1. Prescribing or administering to a
patient under his or her care a controlled substance which is listed in schedule
II, III, IV or V by the State Board of Pharmacy pursuant to NRS 453.146, if the controlled substance
is lawfully prescribed or administered for the treatment of intractable pain in
accordance with regulations adopted by the Board.

2. Engaging in any activity in accordance
with the provisions of chapter 453A of NRS.

1. The Board shall require each holder of
a license to practice medicine to submit to the Board, on a form provided by
the Board, a report stating the number and type of surgeries requiring
conscious sedation, deep sedation or general anesthesia performed by the holder
of the license at his or her office or any other facility, excluding any surgical
care performed:

2. In addition to the report required
pursuant to subsection 1, the Board shall require each holder of a license to
practice medicine to submit a report to the Board concerning the occurrence of
any sentinel event arising from any surgery described in subsection 1. The
report must be submitted in the manner prescribed by the Board which must be
substantially similar to the manner prescribed by the State Board of Health for
reporting information pursuant to NRS
439.835.

3. Each holder of a license to practice
medicine shall submit the reports required pursuant to subsections 1 and 2:

(a) At the time the holder of a license renews
his or her license; and

(b) Whether or not the holder of the license
performed any surgery described in subsection 1. Failure to submit a report or
knowingly filing false information in a report constitutes grounds for
initiating disciplinary action pursuant to subsection 9 of NRS 630.306.

4. In addition to the reports required
pursuant to subsections 1 and 2, the Board shall require each holder of a
license to practice medicine to submit a report to the Board concerning the
occurrence of any sentinel event arising from any surgery described in
subsection 1 within 14 days after the occurrence of the sentinel event. The
report must be submitted in the manner prescribed by the Board.

5. The Board shall:

(a) Collect and maintain reports received
pursuant to subsections 1, 2 and 4;

(b) Ensure that the reports, and any additional
documents created from the reports, are protected adequately from fire, theft,
loss, destruction and other hazards, and from unauthorized access; and

(c) Submit to the Division of Public and
Behavioral Health a copy of the report submitted pursuant to subsection 1. The
Division shall maintain the confidentiality of such reports in accordance with
subsection 6.

6. Except as otherwise provided in NRS 239.0115, a report received pursuant
to subsection 1, 2 or 4 is confidential, not subject to subpoena or discovery,
and not subject to inspection by the general public.

7. The provisions of this section do not
apply to surgical care requiring only the administration of oral medication to
a patient to relieve the patient’s anxiety or pain, if the medication is not
given in a dosage that is sufficient to induce in a patient a controlled state
of depressed consciousness or unconsciousness similar to general anesthesia,
deep sedation or conscious sedation.

8. In addition to any other remedy or
penalty, if a holder of a license to practice medicine fails to submit a report
or knowingly files false information in a report submitted pursuant to this
section, the Board may, after providing the holder of a license to practice
medicine with notice and opportunity for a hearing, impose against the holder
of a license to practice medicine an administrative penalty for each such
violation. The Board shall establish by regulation a sliding scale based on the
severity of the violation to determine the amount of the administrative penalty
to be imposed against the holder of the license pursuant to this subsection.
The regulations must include standards for determining the severity of the
violation and may provide for a more severe penalty for multiple violations.

9. As used in this section:

(a) “Conscious sedation” has the meaning ascribed
to it in NRS 449.436.

(c) “General anesthesia” has the meaning ascribed
to it in NRS 449.438.

(d) “Sentinel event” means an unexpected
occurrence involving death or serious physical or psychological injury or the
risk thereof, including, without limitation, any process variation for which a
recurrence would carry a significant chance of serious adverse outcome. The
term includes loss of limb or function.

1. The insurer of a physician licensed
under this chapter shall report to the Board:

(a) Any action for malpractice against the
physician not later than 45 days after the physician receives service of a
summons and complaint for the action;

(b) Any claim for malpractice against the
physician that is submitted to arbitration or mediation not later than 45 days
after the claim is submitted to arbitration or mediation; and

(c) Any settlement, award, judgment or other
disposition of any action or claim described in paragraph (a) or (b) not later
than 45 days after the settlement, award, judgment or other disposition.

2. The Board shall report any failure to
comply with subsection 1 by an insurer licensed in this State to the Division
of Insurance of the Department of Business and Industry. If, after a hearing,
the Division of Insurance determines that any such insurer failed to comply
with the requirements of subsection 1, the Division may impose an
administrative fine of not more than $10,000 against the insurer for each such
failure to report. If the administrative fine is not paid when due, the fine
must be recovered in a civil action brought by the Attorney General on behalf
of the Division.

(a) Any action for malpractice against the
physician not later than 45 days after the physician receives service of a
summons and complaint for the action;

(b) Any claim for malpractice against the
physician that is submitted to arbitration or mediation not later than 45 days
after the claim is submitted to arbitration or mediation;

(c) Any settlement, award, judgment or other
disposition of any action or claim described in paragraph (a) or (b) not later
than 45 days after the settlement, award, judgment or other disposition; and

(d) Any sanctions imposed against the physician
that are reportable to the National Practitioner Data Bank not later than 45
days after the sanctions are imposed.

2. If the Board finds that a physician has
violated any provision of this section, the Board may impose a fine of not more
than $5,000 against the physician for each violation, in addition to any other
fines or penalties permitted by law.

3. All reports made by a physician
pursuant to this section are public records.

NRS 630.3069Board required to conduct investigation after receiving certain
reports concerning malpractice.If
the Board receives a report pursuant to the provisions of NRS 630.3067, 630.3068, 690B.250 or 690B.260 indicating that a judgment has
been rendered or an award has been made against a physician regarding an action
or claim for malpractice or that such an action or claim against the physician
has been resolved by settlement, the Board shall conduct an investigation to
determine whether to impose disciplinary action against the physician regarding
the action or claim, unless the Board has already commenced or completed such
an investigation regarding the action or claim before it receives the report.

1. Except as otherwise provided in
subsection 2, any person may file with the Board a complaint against a
physician, perfusionist, physician assistant or practitioner of respiratory
care on a form provided by the Board. The form may be submitted in writing or
electronically. If a complaint is submitted anonymously, the Board may accept
the complaint but may refuse to consider the complaint if the lack of the
identity of the complainant makes processing the complaint impossible or unfair
to the person who is the subject of the complaint.

2. Any licensee, medical school or medical
facility that becomes aware that a person practicing medicine, perfusion or
respiratory care in this State has, is or is about to become engaged in conduct
which constitutes grounds for initiating disciplinary action shall file a
written complaint with the Board within 30 days after becoming aware of the
conduct.

3. Except as otherwise provided in
subsection 4, any hospital, clinic or other medical facility licensed in this
State, or medical society, shall report to the Board any change in the
privileges of a physician, perfusionist, physician assistant or practitioner of
respiratory care to practice while the physician, perfusionist, physician
assistant or practitioner of respiratory care is under investigation and the
outcome of any disciplinary action taken by that facility or society against
the physician, perfusionist, physician assistant or practitioner of respiratory
care concerning the care of a patient or the competency of the physician,
perfusionist, physician assistant or practitioner of respiratory care within 30
days after the change in privileges is made or disciplinary action is taken.

4. A hospital, clinic or other medical
facility licensed in this State, or medical society, shall report to the Board
within 5 days after a change in the privileges of a physician, perfusionist,
physician assistant or practitioner of respiratory care to practice that is
based on:

(a) An investigation of the mental, medical or
psychological competency of the physician, perfusionist, physician assistant or
practitioner of respiratory care; or

(b) Suspected or alleged substance abuse in any
form by the physician, perfusionist, physician assistant or practitioner of
respiratory care.

5. The Board shall report any failure to
comply with subsection 3 or 4 by a hospital, clinic or other medical facility
licensed in this State to the Division of Public and Behavioral Health of the
Department of Health and Human Services. If, after a hearing, the Division of
Public and Behavioral Health determines that any such facility or society
failed to comply with the requirements of this subsection, the Division may
impose an administrative fine of not more than $10,000 against the facility or
society for each such failure to report. If the administrative fine is not paid
when due, the fine must be recovered in a civil action brought by the Attorney
General on behalf of the Division.

6. The clerk of every court shall report
to the Board any finding, judgment or other determination of the court that a
physician, perfusionist, physician assistant or practitioner of respiratory
care:

(a) Is mentally ill;

(b) Is mentally incompetent;

(c) Has been convicted of a felony or any law
governing controlled substances or dangerous drugs;

(d) Is guilty of abuse or fraud under any state
or federal program providing medical assistance; or

(e) Is liable for damages for malpractice or
negligence,

Ê within 45
days after such a finding, judgment or determination is made.

7. On or before January 15 of each year,
the clerk of each court shall submit to the Office of Court Administrator
created pursuant to NRS 1.320 a written
report compiling the information that the clerk reported during the previous
year to the Board regarding physicians pursuant to paragraph (e) of subsection
6.

8. The Board shall retain all complaints
filed with the Board pursuant to this section for at least 10 years, including,
without limitation, any complaints not acted upon.

NRS 630.309Requirements for filing complaint against perfusionist,
physician assistant or practitioner of respiratory care.To institute a disciplinary action against a
perfusionist, physician assistant or practitioner of respiratory care, a
written complaint, specifying the charges, must be filed with the Board by:

1. The Board or a committee designated by
the Board to investigate a complaint;

2. Any member of the Board; or

3. Any other person who is aware of any
act or circumstance constituting a ground for disciplinary action set forth in
the regulations adopted by the Board.

NRS 630.311Review and investigation of complaint by committee designated by
Board; formal complaint; proceedings confidential; publication of summary of
proceedings and determinations.

1. A committee designated by the Board and
consisting of members of the Board shall review each complaint and conduct an
investigation to determine if there is a reasonable basis for the complaint.
The committee must be composed of at least three members of the Board, at least
one of whom is not a physician. The committee may issue orders to aid its
investigation including, but not limited to, compelling a physician to appear
before the committee.

2. If, after conducting an investigation,
the committee determines that there is a reasonable basis for the complaint and
that a violation of any provision of this chapter has occurred, the committee
may file a formal complaint with the Board.

3. The proceedings of the committee are
confidential and are not subject to the requirements of NRS 241.020. Within 20 days after the
conclusion of each meeting of the committee, the Board shall publish a summary
setting forth the proceedings and determinations of the committee. The summary
must not identify any person involved in the complaint that is the subject of
the proceedings.

1. If the Board or any investigative
committee of the Board has reason to believe that the conduct of any physician
has raised a reasonable question as to his or her competence to practice
medicine with reasonable skill and safety to patients, or if the Board has
received a report pursuant to the provisions of NRS
630.3067, 630.3068, 690B.250 or 690B.260 indicating that a judgment has
been rendered or an award has been made against a physician regarding an action
or claim for malpractice or that such an action or claim against the physician
has been resolved by settlement, it may order that the physician undergo a
mental or physical examination or an examination testing his or her competence
to practice medicine by physicians or other examinations designated by the
Board to assist the Board or committee in determining the fitness of the
physician to practice medicine.

2. For the purposes of this section:

(a) Every physician who applies for a license or
who is licensed under this chapter shall be deemed to have given consent to
submit to a mental or physical examination or an examination testing his or her
competence to practice medicine when ordered to do so in writing by the Board
or an investigative committee of the Board.

(b) The testimony or reports of the examining
physicians are not privileged communications.

3. Except in extraordinary circumstances,
as determined by the Board, the failure of a physician licensed under this
chapter to submit to an examination when directed as provided in this section
constitutes an admission of the charges against the physician.

NRS 630.326Summary suspension of license: Issuance of order; hearing;
limitation on time for completing examination.

1. If an investigation by the Board regarding
a physician, perfusionist, physician assistant or practitioner of respiratory
care reasonably determines that the health, safety or welfare of the public or
any patient served by the physician, perfusionist, physician assistant or
practitioner of respiratory care is at risk of imminent or continued harm, the
Board may summarily suspend the license of the physician, perfusionist,
physician assistant or practitioner of respiratory care. The order of summary
suspension may be issued by the Board, an investigative committee of the Board
or the Executive Director of the Board after consultation with the President,
Vice President or Secretary-Treasurer of the Board.

2. If the Board issues an order summarily
suspending the license of a physician, perfusionist, physician assistant or
practitioner of respiratory care pursuant to subsection 1, the Board shall hold
a hearing regarding the matter not later than 45 days after the date on which
the Board issues the order summarily suspending the license unless the Board
and the licensee mutually agree to a longer period.

3. If the Board issues an order suspending
the license of a physician, perfusionist, physician assistant or practitioner
of respiratory care pending proceedings for disciplinary action and requires
the physician, perfusionist, physician assistant or practitioner of respiratory
care to submit to a mental or physical examination or an examination testing
his or her competence to practice, the examination must be conducted and the
results obtained not later than 60 days after the Board issues its order.

NRS 630.329Summary suspension of license: Stay by court of Board’s order
prohibited.If the Board issues an
order suspending the license of a physician, perfusionist, physician assistant
or practitioner of respiratory care pending proceedings for disciplinary
action, including, without limitation, a summary suspension pursuant to NRS 233B.127, the court shall not stay
that order.

1. Any deliberations conducted or vote
taken by the Board or any investigative committee of the Board regarding its
ordering of a physician, perfusionist, physician assistant or practitioner of
respiratory care to undergo a physical or mental examination or any other
examination designated to assist the Board or committee in determining the
fitness of a physician, perfusionist, physician assistant or practitioner of
respiratory care are not subject to the requirements of NRS 241.020.

2. Except as otherwise provided in
subsection 3 or 4, all applications for a license to practice medicine,
perfusion or respiratory care, any charges filed by the Board, financial
records of the Board, formal hearings on any charges heard by the Board or a
panel selected by the Board, records of such hearings and any order or decision
of the Board or panel must be open to the public.

3. Except as otherwise provided in NRS 239.0115, the following may be kept
confidential:

(a) Any statement, evidence, credential or other
proof submitted in support of or to verify the contents of an application;

(b) Any report concerning the fitness of any
person to receive or hold a license to practice medicine, perfusion or respiratory
care; and

(c) Any communication between:

(1) The Board and any of its committees or
panels; and

(2) The Board or its staff, investigators,
experts, committees, panels, hearing officers, advisory members or consultants
and counsel for the Board.

4. Except as otherwise provided in
subsection 5 and NRS 239.0115, a
complaint filed with the Board pursuant to NRS 630.307,
all documents and other information filed with the complaint and all documents
and other information compiled as a result of an investigation conducted to
determine whether to initiate disciplinary action are confidential.

5. The formal complaint or other document
filed by the Board to initiate disciplinary action and all documents and
information considered by the Board when determining whether to impose
discipline are public records.

6. The Board shall, to the extent
feasible, communicate or cooperate with or provide any documents or other
information to any other licensing board or agency or any agency which is
investigating a person, including a law enforcement agency. Such cooperation
may include, without limitation, providing the board or agency with minutes of
a closed meeting, transcripts of oral examinations and the results of oral
examinations.

1. If a committee designated by the Board
to conduct an investigation of a complaint decides to proceed with disciplinary
action, it shall bring charges against the licensee by filing a formal
complaint. The formal complaint must include a written statement setting forth
the charges alleged and setting forth in concise and plain language each act or
omission of the respondent upon which the charges are based. The formal
complaint must be prepared with sufficient clarity to ensure that the
respondent is able to prepare a defense. The formal complaint must specify any
applicable law or regulation that the respondent is alleged to have violated.
The formal complaint may be signed by the chair of the investigative committee
or the Executive Director of the Board acting in his or her official capacity.

2. The respondent shall file an answer to
the formal complaint within 20 days after service of the complaint upon the
respondent. The answer must state in concise and plain language the
respondent’s defenses to each charge set forth in the complaint and must admit
or deny the averments stated in the complaint. If a party fails to file an
answer within the time prescribed, the party shall be deemed to have denied
generally the allegations of the formal complaint.

3. Within 20 days after the filing of the
answer, the parties shall hold an early case conference at which the parties
and the hearing officer appointed by the Board or a member of the Board must
preside. At the early case conference, the parties shall in good faith:

(a) Set the earliest possible hearing date
agreeable to the parties and the hearing officer, panel of the Board or the
Board, including the estimated duration of the hearing;

(b) Set dates:

(1) By which all documents must be
exchanged;

(2) By which all prehearing motions and
responses thereto must be filed;

(3) On which to hold the prehearing
conference; and

(4) For any other foreseeable actions that
may be required for the matter;

(c) Discuss or attempt to resolve all or any
portion of the evidentiary or legal issues in the matter;

(d) Discuss the potential for settlement of the
matter on terms agreeable to the parties; and

(e) Discuss and deliberate any other issues that
may facilitate the timely and fair conduct of the matter.

4. If the Board receives a report pursuant
to subsection 5 of NRS 228.420, such a
hearing must be held within 30 days after receiving the report. The Board shall
notify the licensee of the charges brought against him or her, the time and
place set for the hearing, and the possible sanctions authorized in NRS 630.352.

5. A formal hearing must be held at the
time and date set at the early case conference by:

(a) The Board;

(b) A hearing officer;

(c) A member of the Board designated by the Board
or an investigative committee of the Board;

(d) A panel of members of the Board designated by
an investigative committee of the Board or the Board;

(e) A hearing officer together with not more than
one member of the Board designated by an investigative committee of the Board
or the Board; or

(f) A hearing officer together with a panel of
members of the Board designated by an investigative committee of the Board or
the Board. If the hearing is before a panel, at least one member of the panel
must not be a physician.

6. At any hearing at which at least one
member of the Board presides, whether in combination with a hearing officer or
other members of the Board, the final determinations regarding credibility,
weight of evidence and whether the charges have been proven must be made by the
members of the Board. If a hearing officer presides together with one or more
members of the Board, the hearing officer shall:

(a) Conduct the hearing;

(b) In consultation with each member of the
Board, make rulings upon any objections raised at the hearing;

(c) In consultation with each member of the
Board, make rulings concerning any motions made during or after the hearing;
and

(d) Within 30 days after the conclusion of the
hearing, prepare and file with the Board written findings of fact and
conclusions of law in accordance with the determinations made by each member of
the Board.

1. Any licensee against whom the Board
initiates disciplinary action pursuant to this chapter shall, within 30 days
after the licensee’s receipt of notification of the initiation of the
disciplinary action, submit to the Board a complete set of fingerprints and written
permission authorizing the Board to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the Federal
Bureau of Investigation for its report.

2. The willful failure of a licensee to
comply with the requirements of subsection 1 constitutes additional grounds for
disciplinary action and the revocation of the license of the licensee.

3. The Board has additional grounds for
initiating disciplinary action against a licensee if the report from the Federal
Bureau of Investigation indicates that the licensee has been convicted of:

(a) An act that is a ground for disciplinary
action pursuant to NRS 630.301 to 630.3066, inclusive; or

1. Except as otherwise provided in
subsection 2, service of process under this chapter must be made on a licensee
personally, or by registered or certified mail with return receipt requested
addressed to the licensee at his or her last known address. If personal service
cannot be made and if notice by mail is returned undelivered, the
Secretary-Treasurer of the Board shall cause notice to be published once a week
for 4 consecutive weeks in a newspaper published in the county of the last
known address of the licensee or, if no newspaper is published in that county,
then in a newspaper widely distributed in that county.

2. In lieu of the methods of service of
process set forth in subsection 1, if the Board obtains written consent from
the licensee, service of process under this chapter may be made by electronic
mail on a licensee who engages in the practice of medicine as described in
subsection 3 of NRS 630.020.

3. Proof of service of process or
publication of notice made under this chapter must be filed with the Board and
recorded in the minutes of the Board.

NRS 630.346Requirements for proof; burden of proof.In any disciplinary hearing:

1. The Board, a panel of the members of
the Board and a hearing officer are not bound by formal rules of evidence and a
witness must not be barred from testifying solely because the witness was or is
incompetent.

2. A finding of the Board must be
supported by a preponderance of the evidence.

3. Proof of actual injury need not be established.

4. A certified copy of the record of a
court or a licensing agency showing a conviction or plea of nolo contendere or
the suspension, revocation, limitation, modification, denial or surrender of a
license to practice medicine, perfusion or respiratory care is conclusive
evidence of its occurrence.

1. Any member of the Board, other than a
member of an investigative committee of the Board who participated in any
determination regarding a formal complaint in the matter or any member serving
on a panel of the Board at the hearing of the matter, may participate in an
adjudication to obtain the final order of the Board. At the adjudication, the
Board shall consider any findings of fact and conclusions of law submitted
after the hearing and shall allow:

(a) Counsel for the Board to present a
disciplinary recommendation and argument in support of the disciplinary
recommendation;

(b) The respondent or counsel of the respondent
to present a disciplinary recommendation and argument in support of the
disciplinary recommendation; and

(c) The complainant in the matter to make a
statement to the Board regarding the disciplinary recommendations by the
parties and to address the effect of the respondent’s conduct upon the
complainant or the patient involved, if other than the complainant.

Ê The Board
may limit the time within which the parties and the complainant may make their
arguments and statements.

2. At the conclusion of the presentations
of the parties and the complainant, the Board shall deliberate and may by a
majority vote impose discipline based upon the findings of fact and conclusions
of law and the presentations of the parties and the complainant.

3. If, in the findings of fact and
conclusions of law, the Board, hearing officer or panel of the Board determines
that no violation has occurred, the Board shall dismiss the charges, in
writing, and notify the respondent that the charges have been dismissed.

4. Except as otherwise provided in
subsection 5, if the Board finds that a violation has occurred, it shall by
order take one or more of the following actions:

(a) Place the person on probation for a specified
period on any of the conditions specified in the order;

(b) Administer a written public reprimand to the
person;

(c) Limit the person’s practice or exclude one or
more specified branches of medicine from his or her practice;

(d) Suspend the person’s license for a specified
period or until further order of the Board;

(e) Revoke the person’s license;

(f) Require the person to participate in a
program to correct alcohol or drug dependence or any other impairment;

(g) Require supervision of the person’s practice;

(h) Impose a fine not to exceed $5,000 for each
violation;

(i) Require the person to perform community
service without compensation;

(j) Require the person to take a physical or
mental examination or an examination testing his or her competence; and

5. If the Board finds that the respondent
has violated the provisions of NRS
439B.425, the Board shall suspend the respondent’s license for a specified
period or until further order of the Board.

6. The Board shall not administer a
private reprimand if the Board finds that a violation has occurred.

7. Within 30 days after the hearing before
the Board, the Board shall issue a final order, certified by the
Secretary-Treasurer of the Board, that imposes discipline and incorporates the
findings of fact and conclusions of law obtained from the hearing. An order
that imposes discipline and the findings of fact and conclusions of law supporting
that order are public records.

NRS 630.355Acts constituting contempt; stay of related disciplinary
proceedings; transfer of jurisdiction to district court; penalties; manner in
which person may purge himself or herself of contempt.

1. If a person, in a proceeding before the
Board, a hearing officer or a panel of the Board:

(a) Disobeys or resists a lawful order;

(b) Refuses to take an oath or affirmation as a
witness;

(c) Refuses to be examined; or

(d) Engages in conduct during a hearing or so
near the place thereof as to obstruct the proceeding,

Ê the Board,
hearing officer or panel may certify the facts to the district court of the
county in which the proceeding is being conducted. Such a certification
operates as a stay of all related disciplinary proceedings. The court shall
issue an order directing the person to appear before the court and show cause
why he or she should not be held in contempt.

2. A copy of the statement of the Board,
hearing officer or panel, and the order of the district court issued pursuant
to subsection 1, must be served on the person. Thereafter, the court has
jurisdiction of the matter.

3. The same proceedings must be had, the
same penalties may be imposed and the person may purge himself or herself of
the contempt in the same way as in the case of a person who has committed a
contempt in the trial of a civil action.

1. Any person aggrieved by a final order
of the Board is entitled to judicial review of the Board’s order.

2. Every order that imposes a sanction
against a licensee pursuant to subsection 4 or 5 of NRS
630.352 or any regulation of the Board is effective from the date the
Secretary-Treasurer certifies the order until the date the order is modified or
reversed by a final judgment of the court. The court shall not stay the order
of the Board pending a final determination by the court.

3. The district court shall give a
petition for judicial review of the Board’s order priority over other civil
matters which are not expressly given priority by law.

Ê by an order
of the Board, may apply to the Board for removal of the limitation or
restoration of the license.

2. In hearing the application, the Board:

(a) May require the person to submit to a mental
or physical examination or an examination testing his or her competence to
practice medicine, perfusion or respiratory care by physicians, perfusionists
or practitioners of respiratory care, as appropriate, or other examinations it
designates and submit such other evidence of changed conditions and of fitness
as it deems proper;

(b) Shall determine whether under all the
circumstances the time of the application is reasonable; and

(c) May deny the application or modify or rescind
its order as it deems the evidence and the public safety warrants.

3. The licensee has the burden of proving
by clear and convincing evidence that the requirements for restoration of the
license or removal of the limitation have been met.

4. The Board shall not restore a license
unless it is satisfied that the person has complied with all of the terms and
conditions set forth in the final order of the Board and that the person is
capable of practicing medicine, perfusion or respiratory care in a safe manner.

5. To restore a license that has been
revoked by the Board, the applicant must apply for a license and take an examination
as though the applicant had never been licensed under this chapter.

1. Any person or organization who
furnishes information concerning an applicant for a license or a licensee in
good faith in accordance with the provisions of this chapter is immune from any
civil action for furnishing that information.

2. The Board and any of its members and
its staff, counsel, investigators, experts, peer reviewers, committees, panels,
hearing officers, consultants and the employees or volunteers of a diversion
program are immune from any civil liability for:

(a) Any decision or action taken in good faith in
response to information acquired by the Board.

(b) Disseminating information concerning an
applicant for a license or a licensee to other boards or agencies of the State,
the Attorney General, any hospitals, medical societies, insurers, employers,
patients and their families or any law enforcement agency.

3. The Board shall not commence an
investigation, impose any disciplinary action or take any other adverse action
against a physician for:

(a) Disclosing to a governmental entity a
violation of any law, rule or regulation by an applicant for a license to
practice medicine or by a physician; or

(b) Cooperating with a governmental entity that
is conducting an investigation, hearing or inquiry into such a violation,
including, without limitation, providing testimony concerning the violation.

4. As used in this section:

(a) “Diversion program” means a program approved
by the Board to correct a licensee’s alcohol or drug dependence or any other
impairment.

(b) “Governmental entity” includes, without
limitation:

(1) A federal, state or local officer,
employee, agency, department, division, bureau, board, commission, council,
authority or other subdivision or entity of a public employer;

(2) A federal, state or local employee,
committee, member or commission of the Legislative Branch of Government;

(3) A federal, state or local
representative, member or employee of a legislative body or a county, town,
village or any other political subdivision or civil division of the State;

(4) A federal, state or local law
enforcement agency or prosecutorial office, or any member or employee thereof,
or police or peace officer; and

(5) A federal, state or local judiciary,
or any member or employee thereof, or grand or petit jury.

NRS 630.365Authority for nonprofit medical school or research institution
to operate as corporation, operate clinic in conjunction with school or
research facility and retain portion of money generated by clinic.

1. A private nonprofit medical school or a
nonprofit medical research institution may, notwithstanding any provision of
law to the contrary:

(a) Operate as a corporation or other business
organization or association with ownership or control shared by persons
licensed pursuant to this chapter and persons not licensed pursuant to this
chapter;

(b) Operate a clinic in conjunction with the
school or institution which is staffed by physicians or osteopathic physicians
who are employed by the school or the institution and who are:

(1) Licensed pursuant to this chapter or chapter 633 of NRS, respectively; and

(2) Members of the faculty of the school
or institution; and

(c) Retain all or a portion of the money
generated by a clinic described in paragraph (b), including, without
limitation, any professional income generated by a physician or osteopathic
physician staffing the clinic.

2. As used in this section, “private
nonprofit medical school” means a private nonprofit medical school that is
licensed by the Commission on Postsecondary Education and approved by the
Liaison Committee on Medical Education of the American Medical Association and
the Association of American Medical Colleges.

NRS 630.366Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until
2 years after the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]

1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license to practice medicine, to practice as a perfusionist, to
practice as a physician assistant or to practice as a practitioner of
respiratory care, the Board shall deem the license issued to that person to be
suspended at the end of the 30th day after the date on which the court order
was issued unless the Board receives a letter issued to the holder of the
license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
license has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.

2. The Board shall reinstate a license to
practice medicine, to practice as a perfusionist, to practice as a physician
assistant or to practice as a practitioner of respiratory care that has been
suspended by a district court pursuant to NRS
425.540 if the Board receives a letter issued by the district attorney or
other public agency pursuant to NRS 425.550
to the person whose license was suspended stating that the person whose license
was suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2119; A 1999, 520; 2001, 772; 2005, 2807, 2810; 2009, 2973,
effective until 2 years after the date of the repeal of 42 U.S.C. § 666. the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings)

NRS 630.3675Suspension of license for conviction of felony relating to
license holder’s practice.If the
holder of a license that is issued or renewed pursuant to this chapter is
convicted of a felony for a violation of any federal or state law or regulation
relating to the holder’s practice, the conviction operates as an immediate
suspension of the license.

NRS 630.371Performance of laser surgery on eye without proper training.Laser surgery or intense pulsed light therapy
on the globe of the eye of a patient may be performed only by a licensed
physician who has completed a program of progressive postgraduate education in
ophthalmology as a resident in the United States or Canada in a program
approved by the Board, the Accreditation Council for Graduate Medical Education
or the Council on Medical Education of the Canadian Medical Association.

1. A physician shall not administer or
supervise directly the administration of general anesthesia, conscious sedation
or deep sedation to patients unless the general anesthesia, conscious sedation
or deep sedation is administered:

(a) In an office of a physician or osteopathic
physician which holds a permit pursuant to NRS
449.435 to 449.448, inclusive;

NRS 630.374Physician authorized to issue order for public or private school
to obtain and maintain auto-injectable epinephrine at school; definitions.

1. A physician may issue to a public or
private school an order to allow the school to obtain and maintain
auto-injectable epinephrine at the school, regardless of whether any person at
the school has been diagnosed with a condition which may cause the person to
require such medication for the treatment of anaphylaxis.

2. An order issued pursuant to subsection
1 must contain:

(a) The name and signature of the physician and
the address of the physician if not immediately available to the pharmacist;

(b) The classification of his or her license;

(c) The name of the public or private school to
which the order is issued;

(d) The name, strength and quantity of the drug
authorized to be obtained and maintained by the order; and

(e) The date of issue.

3. A physician is not subject to
disciplinary action solely for issuing a valid order pursuant to subsection 1
to an entity other than a natural person and without knowledge of a specific
natural person who requires the medication.

Not approved for contact lenses..........................................................
_________

2. The prescribing ophthalmologist shall
mark or check one of the lines or boxes required by subsection 1 each time such
a prescription is issued by the ophthalmologist.

3. If the prescription is for a contact
lens, the form must set forth the expiration date of the prescription, the
number of refills approved for the patient and such other information as is
necessary for the prescription to be filled properly.

4. The initial fitting of a contact lens
must be performed by an ophthalmologist or optometrist licensed in this State.

5. As used in this section, “initial
fitting” means measuring the health, integrity and refractive error of the eye
to determine whether contacts may be approved pursuant to subsection 1.

1. In addition to any other remedy
provided by law, the Board, through its President or Secretary-Treasurer or the
Attorney General, may apply to any court of competent jurisdiction:

(a) To enjoin any prohibited act or other conduct
of a licensee which is harmful to the public;

(b) To enjoin any person who is not licensed
under this chapter from practicing medicine, perfusion or respiratory care;

(c) To limit the practice of a physician,
perfusionist, physician assistant or practitioner of respiratory care, or
suspend his or her license to practice;

(d) To enjoin the use of the title “P.A.,”
“P.A.-C,” “R.C.P.” or any other word, combination of letters or other
designation intended to imply or designate a person as a physician assistant or
practitioner of respiratory care, when not licensed by the Board pursuant to
this chapter, unless the use is otherwise authorized by a specific statute; or

(e) To enjoin the use of the title “L.P.,”
“T.L.P.,” “licensed perfusionist,” “temporarily licensed perfusionist” or any
other word, combination of letters or other designation intended to imply or
designate a person as a perfusionist, when not licensed by the Board pursuant
to this chapter, unless the use is otherwise authorized by a specific statute.

2. The court in a proper case may issue a
temporary restraining order or a preliminary injunction for the purposes set
forth in subsection 1:

(a) Without proof of actual damage sustained by
any person;

(b) Without relieving any person from criminal
prosecution for engaging in the practice of medicine, perfusion or respiratory
care without a license; and

NRS 630.390Sufficiency of allegations in application for injunctive relief.In seeking injunctive relief against any
person for an alleged violation of this chapter by practicing medicine,
perfusion or respiratory care without a license, it is sufficient to allege
that the person did, upon a certain day, and in a certain county of this State,
engage in the practice of medicine, perfusion or respiratory care without
having a license to do so, without alleging any further or more particular
facts concerning the same.

NRS 630.395Inspection of premises by Board.Any
member or agent of the Board may enter any premises in this State where a
person who holds a license issued pursuant to the provisions of this chapter
practices medicine, perfusion or respiratory care and inspect it to determine
whether a violation of any provision of this chapter has occurred, including,
without limitation, an inspection to determine whether any person at the
premises is practicing medicine, perfusion or respiratory care without the
appropriate license issued pursuant to the provisions of this chapter.

NRS 630.397Practicing or offering to practice without license; reporting
requirements of Board.Unless the
Board determines that extenuating circumstances exist, the Board shall forward
to the appropriate law enforcement agency any substantiated information
submitted to the Board concerning a person who practices or offers to practice
medicine, perfusion or respiratory care without the appropriate license issued
pursuant to the provisions of this chapter.

(a) Present to the Board as his or her own the
diploma, license or credentials of another;

(b) Give either false or forged evidence of any
kind to the Board;

(c) Practice medicine, perfusion or respiratory
care under a false or assumed name or falsely personate another licensee;

(d) Except as otherwise provided by a specific
statute, practice medicine, perfusion or respiratory care without being
licensed under this chapter;

(e) Hold himself or herself out as a perfusionist
or use any other term indicating or implying that he or she is a perfusionist
without being licensed by the Board;

(f) Hold himself or herself out as a physician
assistant or use any other term indicating or implying that he or she is a
physician assistant without being licensed by the Board; or

(g) Hold himself or herself out as a practitioner
of respiratory care or use any other term indicating or implying that he or she
is a practitioner of respiratory care without being licensed by the Board.

2. Unless a greater penalty is provided
pursuant to NRS 200.830 or 200.840, a person who violates any
provision of subsection 1:

(a) If no substantial bodily harm results, is
guilty of a category D felony; or

(b) If substantial bodily harm results, is guilty
of a category C felony,

3. In addition to any other penalty
prescribed by law, if the Board determines that a person has committed any act
described in subsection 1, the Board may:

(a) Issue and serve on the person an order to
cease and desist until the person obtains from the Board the proper license or
otherwise demonstrates that he or she is no longer in violation of subsection
1. An order to cease and desist must include a telephone number with which the
person may contact the Board.

(b) Issue a citation to the person. A citation
issued pursuant to this paragraph must be in writing, describe with
particularity the nature of the violation and inform the person of the
provisions of this paragraph. Each activity in which the person is engaged
constitutes a separate offense for which a separate citation may be issued. To
appeal a citation, the person must submit a written request for a hearing to
the Board not later than 30 days after the date of issuance of the citation.

(c) Assess against the person an administrative
fine of not more than $5,000.

(d) Impose any combination of the penalties set
forth in paragraphs (a), (b) and (c).

NRS 630.405Penalty for failure to make records concerning health care
available for inspection or copying.Repealed.
(See chapter 499, Statutes of Nevada 2013, at page 3181.)

NRS 630.411Unauthorized use of insignia, license or documents prohibited.A person shall not use the seal, the
designation of the Board or any license, card or certificate issued by the
Board or any imitation thereof in any way not authorized by this chapter or
regulations of the Board.